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Glover v. State

United States District Court, D. South Carolina

June 15, 2016

Anthony Donnell Glover, Plaintiff,
v.
State of South Carolina, Defendant.

          ORDER

          PAIGE J. GOSSETT, UNITED STATES MAGISTRATE JUDGE

         Plaintiff, a state prisoner, filed this civil action. Therefore, in the event that a limitations issue arises, Plaintiff shall have the benefit of the holding in Houston v. Lack, 487 U.S. 266 (1988) (prisoner’s pleading was filed at the moment of delivery to prison authorities for forwarding to District Court). 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.

         PAYMENT OF THE FILING FEE:

         Plaintiff has paid the filing fee in this case. (See Receipt No. SCX300065176).

         CONSTRUCTION OF THE PLEADING:

         By order dated April 15, 2016, the court noted it construed Plaintiff’s pleading as a petition for a writ of habeas corpus. (ECF No. 8.) Plaintiff filed a reply to the court’s order objecting to the court construing the pleading as a habeas petition. (ECF No. 14.) The court finds it is appropriate to give deference to Plaintiff’s construction of his pleading, and therefore, the court will recognize the pleading as a civil complaint.[1]

         TO THE CLERK OF COURT:

         Because of the court’s construction of the pleading, the Clerk of Court is directed to terminate “Warden Larry Cartledge” as the defendant in this case and add “State of South Carolina” as the defendant.

         This case is subject to summary dismissal based on an initial screening conducted pursuant to 28 U.S.C. §1915 and 28 U.S.C. § 1915A. Therefore, the Clerk of Court shall not issue the summonses or forward this matter to the United States Marshal for service of process at this time.

         TO PLAINTIFF:

         Pursuant to Rule 5 of the Federal Rules of Civil Procedure, any documents filed subsequent to the initial pleading must be served on parties. Unless otherwise ordered, service of subsequently filed documents on a Respondent represented by an attorney is made on the attorney. Service on attorneys who have made an appearance in this court is effected by the court’s Electronic Case Filing system through a computer generated notice of electronic filing. However, prior to Respondent’s attorney making an appearance in this court, Plaintiff must serve Respondent with any documents Plaintiff files subsequent to the initial pleading and file a certificate of service that states who was served, what document was served, and how the document was served.

         Plaintiff must place the Civil Action Number (C/A No. 5:16-969-JMC-PJG) listed above on any document filed in this case. Any future filings in this case must be sent to the address below: (901 Richland Street, Columbia, South Carolina 29201). All documents requiring Plaintiffs signature shall be signed with Plaintiff s full legal name written in Plaintiff s own handwriting. Pro se litigants shall not use the “s/typed name” format used in the Electronic Case Filing System. In all future filings with this court, Plaintiff is directed to use letter-sized (8½ inches x 11 inches) paper only, to write or type text on one side of a sheet of paper only and not to write or type on both sides of any sheet of paper. Plaintiff is further instructed not to write to the edge of the paper, but to maintain one inch margins on the top, bottom, and sides of each paper submitted.

         Plaintiff is a pro se litigant. Plaintiff s attention is directed to the following important notice:

You are ordered to always keep the Clerk of Court advised in writing (901 Richland Street, Columbia, South Carolina 29201) if your address changes for any reason, so as to assure that orders or other matters that specify deadlines for you to meet will be received by you. If as a result of your failure to comply with this order, you fail to meet a deadline set by this court, your case may be dismissed for violating this order. Therefore, if you have a change of address before this case is ended, you must comply with this order by immediately advising the Clerk of Court in writing of such change of address ...

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