Smalls v. South Carolina Department of Corrections

Filing 31

SUMMARY JUDGMENT is entered for the Respondent and this case is dismissed with prejudice. Certificate of appealability is denied. The Petitioner shall take nothing on his petition filed pursuant to Title 28 U.S.C. 2254. (cwhi, )

AO 450 (Rev. 01/09) Judgment in a Civil Action

UNITED STATES DISTRICT COURT
for the
District of South Carolina

Leroy K Smalls, II,
Petitioner
v.
Warden of Kirkland Correctional Institution,
Respondent

)
)
)
)
)

Civil Action No.

9:16-cv-00639-JMC

SUMMARY JUDGMENT IN A CIVIL ACTION
The Court has ordered that (check one):
’ the plaintiff (name)
defendant (name)
interest at the rate of

recover from the
the amount of
), which includes prejudgment
%, along with costs.

dollars ($
%, plus postjudgment interest at the rate of

’ the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name)
recover costs from the plaintiff (name)
.
O other: The Report and Recommendations of Magistrate Judge Bristow Marchant is accepted. Summary
Judgment is entered for the Respondent and this case is dismissed with prejudice. Certificate of appealability is denied.
The Petitioner shall take nothing on his petition filed pursuant to Title 28 U.S.C. 2254.

.

This action was (check one):
’ tried by a jury with Judge
rendered a verdict.

presiding, and the jury has

’ tried by Judge
was reached.

without a jury and the above decision

{

O Decided by:

Date:

Honorable J. Michelle Childs, United States District Judge, on a Motion for Summary Judgment.

March 07, 2017

A TRUE CO PY
ATTEST: LARRY W . PROPES, CLERK

BY:

CLERK OF COURT
DEPUTY CLERK

s/Chondra S. White
Signature of Clerk or Deputy Clerk

s/Chondra S. White
Deputy Clerk