Parson v. Joyner

South Carolina District Court
Judge:J Michelle Childs
Referred: Bristow Marchant
Case #: 9:17-cv-01028
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2241 Petition for Writ of Habeas Corpus (Federal)
Case Filed:Apr 20, 2017
Terminated:Dec 14, 2018

Create an account to get the full party report for this case.



Docket last updated: 04/18/2024 11:59 PM EDT
Friday, December 14, 2018
27 27 misc Document Mailed Fri 12/14 9:41 AM
***DOCUMENT MAILED 24 Order on Motion for Writ of Mandamus,26 Judgment,25 Order on Report and Recommendation, placed in U.S. Mail to Stacey Ladrake Parson 40462-004 Estill FCI P.O. Box 699 Estill, SC 29918. (egra, )
Related: [-]
26 26 misc Judgment Fri 12/14 9:41 AM
JUDGMENT The court dismisses Plaintiff's Petition for Writ of Habeas Corpus (ECF No. 1) without prejudice and without requiring Defendant to file a return. (egra, )
Related: [-]
25 25 8 pgs order Order on Report and Recommendation Fri 12/14 9:31 AM
ORDER accepting in part and rejecting in part 7 Report and Recommendation of Magistrate Judge Bristow Marchant. The court dismisses Plaintiff's Petition for Writ of Habeas Corpus (ECF No. 1) without prejudice and without requiring Defendant to file a return. Signed by Honorable J Michelle Childs on 12/13/2018. (egra, )
Related: [-]
24 24 order Order on Motion for Writ of Mandamus Fri 12/14 9:25 AM
TEXT ORDER: This matter is before the court for review of Plaintiff Stacey Ladrake Parson's ("Plaintiff") Motion for Writ of Mandamus filed on August 27, 2018. (ECF No. 22.) A writ of mandamus is a drastic remedy and is only used in extraordinary circumstances. See In re Blackwater Sec. Consulting, LLC, 460 F.3d 576, 592-93 (4th Cir. 2006); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). When seeking a writ of mandamus, a party must show that there are "no other adequate means to attain the relief he desires" and "issuance of the writ is 'clear and indisputable.'" Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980) (quoting United States v. Duell, 172 U.S. 576, 582 (1899)). A federal district court may only issue a writ of mandamus when "the [plaintiff] has shown a clear right to the relief sought...." In re First Fed. Sav. & Loan Ass'n of Durham, 860 F.2d 135, 138 (4th Cir. 1988). A writ may not be used as a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1987). Upon review, Plaintiff's Motion fails to show that "there are no other adequate means to attain the relief he desires." Allied Chem. Corp., 449 U.S. at 35 (emphasis added). In his Motion, Plaintiff admits that "the only available remedy for [Plaintiff] to bring his claim is by way of [§] 2241." (ECF No. 22 at 2.) Therefore, based upon Plaintiff's own concession, there are other adequate means in which he may obtain relief, and, accordingly, he fails to show that "issuance of the writ is 'clear and indisputable.'" Allied Chem. Corp., 449 U.S. at 35 (quoting Duell, 172 U.S. at 582). As such, Plaintiff's Motion for Writ of Mandamus (ECF No. 22) is DENIED without prejudice. Signed by Honorable J Michelle Childs on 12/13/2018. (egra, )
Related: [-]
Thursday, August 30, 2018
22 22 motion Writ of Mandamus Thu 08/30 10:18 AM
MOTION for Writ of Mandamus by Stacey Ladrake Parson.(cwhi, )
Related: [-]
Att: 1 Envelope
Thursday, May 24, 2018
21 21 misc Letter Thu 05/24 2:48 PM
Letter from Stacey Ladrake Parson. Clerk's Staff Note: Mailed a copy of the public docket sheet to the petitioner.(cwhi, )
Related: [-]
Att: 1 Envelope
Wednesday, May 23, 2018
20 20 misc Document Mailed Wed 05/23 10:54 AM
***DOCUMENT MAILED 19 Order on Motion to Stay,, placed in U.S. Mail to Stacey Ladrake Parson. (cwhi, )
Related: [-]
19 19 order Order on Motion to Stay Wed 05/23 10:52 AM
TEXT ORDER: This matter is before the court upon Petitioner Stacy Ladrake Parsons (Petitioner) Motion to Stay pending the Supreme Court of the United States decision in U.S. v. Surratt, 855 F.3d 218 (4th Cir. 2017), cert. denied, 138 S. Ct. 554 (2017) (mem), filed on November 13, 2017. (ECF No. 17). The Supreme Court of the United States denied certiorari for said case on December 11, 2017. Surrat v. U.S., 138 S. Ct. 554 (2017) (mem). Therefore, the court DENIES Petitioners Motion to Stay (ECF No. 17) as moot. Entered at the direction of Honorable J Michelle Childs on 5/23/2018.(cwhi, )
Related: [-]
Tuesday, January 02, 2018
18 18 misc Letter Tue 01/02 11:18 AM
Letter from Stacey Ladrake Parson. Clerk's Note: Mailed Petitioner a copy of the public docket sheet. (ssam, )
Related: [-]
Att: 1 Envelope
Monday, November 13, 2017
17 17 motion Stay Mon 11/13 11:53 AM
MOTION to Stay by Stacey Ladrake Parson.(cwhi, )
Related: [-]
Att: 1 Envelope
Monday, October 30, 2017
16 16 misc Document Mailed Mon 10/30 11:12 AM
***DOCUMENT MAILED 15 Order on Motion to Amend/Correct placed in U.S. Mail to Stacey Ladrake Parson (ssam, )
Related: [-]
15 15 order Order on Motion to Amend/Correct Mon 10/30 11:11 AM
TEXT ORDER granting 11 Motion to Amend/Correct. This matter is before the court pursuant to Stacey L. Parson's ("Petitioner") Motion to Amend/Correct his Petition for Writ of Habeas Corpus ("Petition") (ECF No. 1.) Petitioner is currently incarcerated at Estill Federal Correctional Institution in Estill, South Carolina. Petitioner seeks to amend his Petition to include a claim for relief pursuant to 28 U.S.C. § 2241. (ECF No. 11 at 1.) Petitioner has also filed for relief pursuant to 28 U.S.C. § 2255(e). (ECF No. 1 at 1.) "[L]eave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Johnson v. Oroweat Foods Co., 785 F.2d 503, 509 (4th Cir. 1986) (construing Foman v. Davis, 371 U.S. 178, 182 (1962)). Petitioner moves the court to grant his Motion in order "to avoid the minor discrepancie [sic] and [to] reflect[ ] an additional piece of evidence that [he] was/is responsible for filing a meritorious 28 U.S.C. § 2241 petition that is pending before the court." (ECF No. 11 at 1-2.) The Magistrate Judge's Report and Recommendation ("Report") anticipated that "Petitioner may alternatively be seeking to bring this action pursuant to 28 U.S.C. § 2241." (ECF No. 7 at 4.) None of the reasons directing denial of a motion to amend are present, thus the court GRANTS Petitioner's Motion to Amend. Entered at the direction of Honorable J Michelle Childs on 10/30/2017.(ssam, )
Related: [-]
Friday, August 25, 2017
13 13 misc Supplement - Not an attachment to main document Fri 08/25 10:54 AM
SUPPLEMENT by Stacey Ladrake Parson to12 Objection to Report and Recommendation,.(cwhi, )
Related: [-]
Att: 1 Supporting Documents,
Att: 2 Envelope
Wednesday, August 09, 2017
12 12 respoth Objection to Report and Recommendation Wed 08/09 10:13 AM
OBJECTION to7 Report and Recommendation by Stacey Ladrake Parson. Reply to Objections due by 8/23/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(cwhi, )
Related: [-]
Att: 1 District Court Order,
Att: 2 Envelope
11 11 motion Amend/Correct Wed 08/09 10:03 AM
MOTION to Amend/Correct1 Petition for Writ of Habeas Corpus by Stacey Ladrake Parson. Response to Motion due by 8/23/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.(cwhi, ) (Attachment 1 replaced on 8/9/2017) (cwhi, ). Modified on 8/9/2017 to correct document(cwhi, )
Related: [-]
Att: 1 Envelope
Friday, August 04, 2017
10 10 service Certified Mail Receipt Fri 08/04 2:37 PM
CERTIFIED MAIL RECEIPT re6 Order - Habeas-Service-No Answer, served on US Attorney General on 7/31/2017. (cwhi, )
Related: [-]
Friday, July 28, 2017
9 9 misc Letter Fri 07/28 10:31 AM
Letter from Stacey Ladrake Parson. Clerk's Note: Mailed Petitioner a copy of his public docket sheet.(ssam, )
Related: [-]
Att: 1 Envelope
Monday, July 24, 2017
8 8 misc Document Mailed Mon 07/24 3:45 PM
***DOCUMENT MAILED6 Order - Habeas-Service-No Answer,7 REPORT AND RECOMMENDATION re1 Petition for Writ of Habeas Corpus filed by Stacey Ladrake Parson placed in U.S. Mail to Stacey Ladrake Parson.6 Order - Habeas-Service-No Answer placed in US CERTIFIED mail (70112970000452406879) to Attorney General of the US. (cwhi, )
Related: [-]
7 7 motion Report and Recommendation Mon 07/24 3:41 PM
REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant. It is recommended that the Petition in this action be dismissed without prejudice and without requiring Respondent to file a return. Objections to R&R due by 8/7/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Bristow Marchant on 7/20/2017. (cwhi, )
Related: [-]
6 6 order Order - Habeas-Service-No Answer Mon 07/24 3:38 PM
ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Bristow Marchant on 7/20/2017.(cwhi, )
Related: [-]
Friday, May 05, 2017
3 3 misc Filing Fee Received Fri 05/05 12:54 PM
Filing fee: $ 5, receipt number SCX200014493 (cwhi, )
Related: [-]
Thursday, April 20, 2017
1 1 cmp Petition for Writ of Habeas Corpus - 2254 or 2241 Fri 04/21 12:46 PM
PETITION for Writ of Habeas Corpus, filed by Stacey Ladrake Parson.(cwhi, )
Related: [-]
Att: 1 Exhibit,
Att: 2 Envelope