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v. McGee et al

Doc. 3

8:05-cv-01034-MBS

Date Filed 04/14/2005

Entry Number 3

Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA

James Ervin McGee, Jr., # 204267, Petitioner, vs. Timothy R. Irvin, Officer for City of Greenville Police Department; and Florence Demetrius Williams, SCDC #261158, Respondents. ______________________________________________

) C/A No. 8:05-1034-MBS-BHH ) ) ) ) Report and Recommendation ) ) ) ) ) )

A pleading captioned "Criminal Complaint" has been submitted to the Court by a state prison inmate, pro se.1 Petitioner is incarcerated at the McCormick Correctional Institution. It appears from his pleading that he desires to press criminal charges against Respondents, a Greenville, South Carolina police officer and Petitioner's co-defendant in a 2001 robbery case, for "conspiracy to commit entrapment" and "kidnap by unlawful imprisonment." Petition, at 1. He claims that the charging documents used against him in the robbery case cited an incorrect South Carolina statute and were, therefore, invalid. Because he was convicted based on the allegedly improper charging documents, Petitioner concludes that he was kidnapped and entrapped through a conspiracy between the Respondents. Under established local procedure in this judicial district, a careful review has been made of the pro se Petition filed in this case. The review was conducted pursuant to the procedural

Pursuant to 28 U.S.C.

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South Carolina Law