Brown v. Wilson

Filing 16

Order to Vacate 12 Order on Report and Recommendation, 13 Judgment. ORDER REOPENING CASE. Signed by Honorable David C Norton on 11/8/2012. (cwhi, )

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

PAUL BROWN, #263009,

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Plaintiff,
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vs.
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ALAN WILSON, ATTORNEY GENERAL )
FOR THE STATE OF SOUTH CAROLINA,)
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Defendant.
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____________________________________)

Civil No. 9:12-2467 DCN

ORDER

On October 17, 2012, this court issued an Order adopting the Magistrate Judge’s Report
and Recommendation and dismissed the instant action without prejudice and without issuance
and service of process. On October 18, 2012, judgment was entered in this case by the Clerk of
Court. On October 19, 2012, plaintiff filed his objections to the Magistrate Judge’s Report and
Recommendation. It appears from a review of the file and plaintiff’s objections that said
objections were timely, as they were due on October 15, 2012, and pursuant to plaintiff’s
certificate of service were delivered to the legal mail office at Turbeville Correctional Institution
on October 15, 2012. However, the objections were not received in the Clerk of Court’s office
until October 19, 2012. Now therefore,
IT IS HEREWITH ORDERED that this court’s Order filed on October 17, 2012,
dismissing the instant action without prejudice and without issuance and service of process and
the judgment filed on October 18, 2012 are herewith vacated, and this matter is herewith
reinstated for consideration of plaintiff’s objections.

AND IT IS SO ORDERED.

DAVID C. NORTON
United States District Judge
November 8, 2012
Charleston, South Carolina