United States District Court, D. South Carolina
Levell L. Grant, #1292189, Plaintiff,
Charleston County Sheriff's Department, Sheriff Al Cannon, Detective Wilson, Defendants.
L. GRANT, Plaintiff, Pro Se.
E. ROGERS, III, Magistrate Judge.
a civil action filed by a prisoner. 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, 276 (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) of the
United States District Court for the District of South
Carolina, pretrial proceedings in this action have been
referred to the undersigned United States Magistrate Judge.
OF THE FILING FEE:
filing this case, Plaintiff has incurred a debt to the United
States of America in the amount of three hundred fifty
dollars ($350). See 28 U.S.C. Â§ 1914. This debt is
not dischargeable in the event that Plaintiff seeks relief
under the bankruptcy provisions of the United States Code.
See 11 U.S.C. Â§ 523(a)(17). The Prison Litigation
Reform Act (PLRA) of 1996 permits a prisoner to file a civil
action without prepayment of fees or security, but requires
the prisoner "to pay the full amount of the filing
fee" as funds are available. See 28 U.S.C. Â§
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. Â§ 1915(a)(1), (2). A review of the motion reveals
that Plaintiff does not have the funds to pay the first
installment of the filing fee. Therefore, the amount due from
Plaintiff is currently three hundred fifty dollars
($350). The agency having custody of Plaintiff
shall collect payments from Plaintiff's prisoner trust
account in accordance with 28 U.S.C. Â§ 1915(b)(1) and (2),
until the full filing fee is paid. See Torres v.
O'Quinn, 612 F.3d 237, 252 (4th Cir. 2010) ("We
hold that 28 U.S.C. Â§ 1915(b)(2) caps the amount of funds
that may be withdrawn from an inmate's trust account at a
maximum of twenty percent regardless of the number of cases
or appeals the inmate has filed.") (emphasis in
Motion for Leave to Proceed in forma pauperis (ECF
No. 2) is granted. TO PLAINTIFF:
must place the civil action number (C/A No.
2:16-2505-DCN-TER) listed above on any document provided to
the Court provided in connection with this case. Any future
filings must be sent to the address below. All documents
requiring Plaintiff's signature shall be signed 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 all future
filings with this Court, Plaintiff is directed to use
letter-sized (8Â½ inches by 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.
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 2316, 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 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 and providing the Court with the
docket numbers of all pending cases you have filed with this
Court. Your failure to do so will not be excused by the
CLERK OF COURT:
case is subject to summary dismissal based on an initial
screening conducted pursuant to 28 U.S.C. Â§ 1915 and/or 28
U.S.C. Â§ 1915A. Therefore, the Clerk of Court shall not issue
the summons or forward this matter to the United States
Marshal for service of process at this time.
Clerk of Court shall not enter any change of address
submitted by Plaintiff that directs that mail be sent to a
person other than Plaintiff unless that person is an attorney
admitted to ...