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Hayes v. Warden, Lee Correctional Institution

United States District Court, D. South Carolina

June 30, 2015

Favian A. Hayes, Petitioner,
v.
Warden, Lee Correctional Institution, Respondent.

ORDER

Richard Mark Gergel, United States District Judge

By earlier order (Dkt. No. 35), Respondent was advised that unless Petitioner's request for the restoration of direct appeal rights and appointment of counsel was voluntarily granted within 10 days of the order, this Court would grant the petition for a writ of habeas corpus and the requested relief. The Respondent timely filed a response indicating that it would be necessary for the Court to grant the requested relief in order to restore Petitioner's appellate rights. (Dkt. No. 38). Therefore, the Court issues this final order (1) ADOPTING the R & R of the Magistrate Judge (Dkt. No. 32) as the order of the Court; (2) GRANTING the writ of habeas corpus; and (3) DIRECTING the restoration of Petitioner's direct appeal rights and appointment of counsel. This grant of the writ of habeas corpus does not affect Petitioner's current incarceration status during the pendency of the appeal.

AND IT IS SO ORDERED.


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