Preview:

Littlejohn v. Crocker

Doc. 6

6:07-cv-00221-RBH

Date Filed 01/25/2007

Entry Number 6

Page 1 of 16

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA

Quintin M. Littlejohn,

) ) ) Petitioner, ) ) vs. ) ) Harold Crocker, Director of Cherokee County ) Detention Center, ) ) ) Respondent. ) _______________________________________ )

C/A No. 6:07-0221-RBH-WMC

Report and Recommendation

Background of this Case
The petitioner is a detainee at the Cherokee County Detention Center, which is located in Gaffney, South Carolina. In the petition, the petitioner refers to a prior habeas corpus action, Littlejohn v. State of South Carolina, et al., Civil Action No. 6:06-3155-RBH-WMC, which concerns the same matters raised in the above-captioned case. The petitioner's Answers to the Court's Special Interrogatories in Civil Action No. 6:06-3155-RBH-WMC (Entry No. 5 in Civil Action No. 6:06-3155-RBH-WMC) revealed that he had been charged with possession of crack cocaine. According to the petitioner's Answers to the Court's Special Interrogatories (Questions 1 and
1

Dockets.Justia.com

6:07-cv-00221-RBH

Date Filed 01/25/2007

Entry Number 6

Page 2 of 16

2) in Civil Action No. 6:06-3155-RBH-WMC (Entry No. 5 in Civil Action No. 6:06-3155-RBH-WMC), the criminal case was pending in a municipal court and in the Court of General Sessions for Cherokee County. The petitioner, however, indicated, in his answers to Question 3, that a trial had been held and that he had been sentenced. The petitioner's answers to Question 5 of the petitioner's Answers to the Court's Special Interrogatories in Civil Action No. 6:06-3155-RBH-WMC (Entry No. 5 in Civil Action No. 6:06-3155-RBH-WMC) showed that his direct appeal is pending and that he has also filed a petition for habeas corpus with the trial court. In the petition in the case at bar (Civil Action No.

6:07-0221-RBH-WMC), the petitioner reveals that he was convicted after a plea of "not guilty." He was sentenced on October 31, 2006, in the

Municipal Court for Gaffney, South Carolina. In the Section 2241 petition in the case at bar, the petitioner refers to the grounds raised in Civil Action No. 6:06-3155-RBH-WMC and incorporates them by reference into Ground One of the petition in the above-captioned case. For Ground Two, the petitioner writes: "Reasons held in Full Constitution And esp. Wolff -v-McDonald[.]" For Ground Three, the petitioner writes: "Again siccing Letter From Municipal Court 10/31/06[.]"
2

6:07-cv-00221-RBH

Date Filed 01/25/2007

Entry Number 6

Page 3 of 16

The pro se petitioner is under an order of pre-filing review. See Graham v. Riddle, 554 F.2d 133, 134-135 & n. * (4th Cir. 1977).1 The petitioner was confined in the South Carolina Department of Corrections until May of 2003, when he "maxed out" his sentence for his 1982 conviction for armed robbery entered in the Court of General Sessions for Cherokee County. Prior to his current incarceration, the petitioner resided in Gaffney, South Carolina.2

The order of pre-filing review was entered on July 10, 1998, by the Honorable G. Ross Anderson, Jr., United States District Judge, in Quintin Littlejohn v. William J. Clinton, President of the United States, Civil Action No. 6:98-1169-13AK. Judge Anderson's order authorizes the Clerk's Office to assign civil action numbers to the petitioner's pleadings for docket control purposes. See pleadings in Quintin Littlejohn v. David Edwards Toyota; Mark Edwards; and All Agents in Active Concert, Civil Action No. 7:06-1012-RBH-WMC. This court may take judicial notice of Civil Action No. 7:06-1012-RBH-WMC. Aloe Creme Laboratories, Inc. v. Francine Co., 425 F.2d 1295, 1296 (5th Cir. 1970). See also Colonial Penn Ins. Co. v. Coil, 887 F.2d 1236, 1239, 1989 U.S.App. LEXIS

Download 19965.pdf

South Carolina Law