Summary
noting the first prong of the abstention test was satisfied where the petitioner alleged that "he is currently awaiting trial in an ongoing state criminal proceeding"
Summary of this case from Nowlin v. JohnsonOpinion
C/A No.: 1:11-2981-TMC-SVH
02-10-2012
Billy Roy Boyd, Petitioner, v. State of South Carolina, Respondent.
ORDER
This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Under Local Civil Rule 73.02(B)(2) (D.S.C.), pretrial proceedings in this action have been referred to the assigned United States Magistrate Judge.
By order dated December 27, 2011, Petitioner was given a specific time frame in which to bring this case into proper form. Petitioner has complied with the court's order, and this case is now in proper form. Petitioner has paid the full filing fee. TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2241 Petition upon Respondent because the Petition is subject to dismissal.
IT IS SO RECOMMENDED. February 10, 2012
Columbia, South Carolina
_____________
Shiva V. Hodges
United States Magistrate Judge