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POE v. WARDEN, EVANS CORRECTIONAL INSTITUTION

Civil Action No. 9:14-2909-RMG-BM.

RICHARD KEITH POE, #259297, Petitioner, v. WARDEN, EVANS CORRECTIONAL INSTITUTION, Respondent.

United States District Court, D. South Carolina.

December 23, 2014.

Attorney(s) appearing for the Case

Richard Keith Poe, Petitioner, Pro Se.

Warden Evans Correctional Institution, Respondent, represented by Kaycie S Timmons , SC Attorney General's Office & Donald John Zelenka , SC Attorney General's Office.

REPORT AND RECOMMENDATION

BRISTOW MARCHANT, Magistrate Judge.

Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The pro se petition was filed on July 18, 2013.1 Petitioner is a state prisoner housed at the Evans Correctional Institution.

On December 5, 2014, the Respondent filed a return and motion for summary judgment to dismiss, without prejudice, based on Petitioner...

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