David v. Bragg

Filing 27

OPINION & ORDER It is ordered that David's motion for reconsideration, docket number 25 , is granted. It is FURTHER ORDERED that the two previous orders adopting the Report and Recommendation and dismissing the case, dated June 18, 2015 and August 17, 2015, docket numbers 12 and 22 , are vacated. Objections to R&R due by 9/17/2015. Signed by Honorable Henry M Herlong, Jr on 9/3/2015. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Dimitrious Pierre David, #58431-004,
a/k/a Corey Tyrone Shinhoster,
Petitioner,
vs.
Warden Travis Bragg, FCI-Bennettsville,
Respondent.

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C.A. No. 6:15-2109-HMH-KFM

OPINION & ORDER

This matter is before the court on Dimitrious Pierre David’s (“David”) motion for
reconsideration of this court’s August 17, 2015 order adopting the Report and
Recommendation of Magistrate Judge Kevin F. McDonald that David’s 28 U.S.C. § 2241
petition be dismissed. David submits that he did not receive Judge McDonald’s Report and
Recommendation, leaving him unable to file his objections, and asks the court to reconsider its
order to allow him to file his objections. (Mot. Reconsider, ECF No. 25.)
David’s motion to reconsider is granted and the Clerk’s Office is ordered to mail David
a copy of the Report and Recommendation and the Objection Notice. David has fourteen (14)
days from the date of service of the Report and Recommendation to file any objections to it.
The two previous orders adopting the Report and Recommendation and dismissing the case,
dated June 18, 2015 and August 17, 2015, are vacated.

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It is therefore
ORDERED that David’s motion for reconsideration, docket number 25, is granted. It
is further
ORDERED that the two previous orders adopting the Report and Recommendation
and dismissing the case, dated June 18, 2015 and August 17, 2015, docket numbers 12 and 22,
are vacated.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
September 3, 2015

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