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Dhimo v. Horry County Solicitor's Office

United States District Court, D. South Carolina, Florence Division

June 16, 2016

Alqi Dhimo, Plaintiff,
v.
Horry County Solicitor’s Office, Martin Spratlin Solicitor of Horry County Solicitor’s Office, Defendants.

          ORDER

          THOMAS E. ROGERS, III UNITED STATES MAGISTRATE JUDGE

         This is a civil action filed by a pro se litigant. Under Local Civil Rule 73.02(B)(2) (D.S.C.), pretrial proceedings in this action have been referred to the undersigned United States Magistrate Judge. In an order (ECF No. 5) filed in this case on March 18, 2106, the undersigned directed Plaintiff to bring this case into "proper form" by completing a complaint form; submitting a summons, Forms USM-285 (if he was proceeding in forma pauperis), and Rule 26.01 Interrogatories; and either paying the file fee or submitting Form AO 240 (Motion to Proceed in forma pauperis). Plaintiff has complied with the Court’s Order.

         PAYMENT OF THE FILING FEE:

         Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and Affidavit (Form AO 240), which is being construed as a Motion for Leave to Proceed in forma pauperis. See 28 U.S.C. § 1915. A review of the Motion reveals that Plaintiff should be relieved of the obligation to prepay the full filing fee. Plaintiff’s Motion for Leave to Proceed in forma pauperis (ECF No. 7) is granted, subject to the Court’s right to require a payment if Plaintiff’s financial condition changes, and to tax fees and costs against Plaintiff at the conclusion of this case if the Court finds the case to be without merit. See Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir. 1981).

         TO THE CLERK OF COURT:

         The above-captioned case is subject to summary dismissal. Hence, the Office of the Clerk of Court is directed not to authorize the issuance and service of process in the above-captioned case, unless instructed by a United States District Judge to do so.

         The Office of the Clerk of Court shall not enter any change of address submitted by Plaintiff which directs that mail be sent to a person other than Plaintiff unless that person is an attorney admitted to practice before this Court who has entered a formal appearance.

         The Office of the Clerk of Court is directed to edit the docket so that it reflects the above caption.

         TO PLAINTIFF:

         Any future filings by Plaintiff in this case should be sent to the address listed below.

         Plaintiff must place the civil action number listed above on any document Plaintiff submits to this Court in connection with the above-captioned case. All pleadings filed in this case by Plaintiff shall be signed by Plaintiff with Plaintiff’s full legal name written in Plaintiff’s own handwriting. Pro se litigants, such as Plaintiff, shall not use the “s/typed name” format used in the Electronic Case Filing System. In any future filings in this case, Plaintiff is directed to use letter-size (8½ inches by 11 inches) paper, 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 (Post Office Box 2317, Florence, South Carolina 29503)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 file something you are required to file within a deadline set by a District Judge or a Magistrate Judge, 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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