Deleston v. Rivera et al

Filing 49

ORDER denying 43 Motion to Vacate ; denying 43 Motion to return filing fee; denying 45 Motion to Amend/Correct. Signed by Honorable David C Norton on 4/15/2014.(eric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Dwayne Deleston,

)
)
Plaintiff,
)
)
vs.
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Federal Correctional Institution Estill
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Warden, Mildred Rivera; Federal
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Correctional Institution Estill Camp
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Administration, Carlton; Lieutenant Yates; )
Lieutenant Bowen; Lieutenant Vincent;
)
Lieutenant Buckler; and Chief of Security )
Captain Norm,
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Defendants.
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___________________________________ )

C/A No.: 6:11-cv-2968 DCN
ORDER

This matter is before the court pursuant to plaintiff’s Motion to Vacate the Order affirming
the Report and Recommendation and to return filing fee filed on November 4, 2013 (ECF No.
43), and Motion to Amend the Amended Complaint filed on April 14, 2014 (ECF No. 45).
On January 17, 2012, an order was issued by the undersigned, affirming the Magistrate
Judge’s Report and Recommendation and dismissing the instant case without prejudice and
without issuance and service of process. Plaintiff filed a Notice of Appeal of this order on
February 1, 2012, and the Fourth Circuit Court of Appeals affirmed this court’s decision on
August 27, 2012. It is therefore
ORDERED that plaintiff’s Motion to Vacate and Return Filing Fee (ECF NO. 43) and
Motion to Amend the Amended Complaint (ECF No. 45) are DENIED.

AND IT IS SO ORDERED.

David C. Norton
United States District Judge
April 15, 2014
Charleston, South Carolina