Smith v. State of South Carolina

Filing 44

ORDER denying 38 Motion to Dismiss. Signed by Honorable David C Norton on 6/14/2012.(eric, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA WESLEY EDWARD SMITH, III, ) ) Petitioner, ) ) ) vs. ) ) STATE OF SOUTH CAROLINA, ) ) Respondent. ) ____________________________________) C/A No.: 8:11-2033 DCN ORDER This matter is before the court pursuant to petitioner’s Motion to Dismiss. This motion was filed on February 17, 2012. After careful review of the pleadings, it is therefore ORDERED, that the petitioner’s Motion to Dismiss is DENIED for lack of jurisdiction. AND IT IS SO ORDERED. David C. Norton United States District Judge June 14, 2012 Charleston, South Carolina

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