Harrison v. Cartledge et al

Filing 44

Order to Vacate 39 Order on Motion for Summary Judgment, Order affirming Report and Recommendation, and 40 Summary Judgment. This matter is herewith reinstated for consideration of Petitioner's 42 objections. Signed by Honorable David C Norton on 3/11/14. (kmca)

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

Larry Harrison,

)
)
Petitioner,
)
)
vs.
)
)
Warden Leroy Cartledge,
)
)
Respondent. )
____________________________________)

Civil No. 8:13-cv-0874 DCN

ORDER

On March 6, 2014, this court issued an Order adopting the Magistrate Judge’s Report and
Recommendation and granted respondent’s motion for summary judgment. On March 7, 2014,
judgment was entered in this case by the Clerk of Court. On March 10, 2014, petitioner filed his
objections to the Magistrate Judge’s Report and Recommendation. It appears from a review of
the file and petitioner’s objections that said objections were timely, as they were due on February
28, 2014, and pursuant to petitioner’s certificate of service were delivered to the legal mail office
at McCormick Correctional Institution on February 27, 2014. However, the objections were not
received in the Clerk of Court’s office until March 10, 2014. Now therefore,
IT IS HEREWITH ORDERED that this court’s Order filed on March 6, 2014, granting
respondent’s motion for summary judgment, and the judgment filed on March 7, 2014 are
herewith VACATED, and this matter is herewith reinstated for consideration of petitioner’s
objections.

AND IT IS SO ORDERED.

DAVID C. NORTON
United States District Judge
March 11, 2014
Charleston, South Carolina