United States District Court, D. South Carolina
J. GOSSETT UNITED STATES MAGISTRATE JUDGE
a civil action filed by a state 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 (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.
OF THE FILING FEE:
filing this case, Plaintiff has incurred a debt to the United
States of America in the amount of $350. See 28
U.S.C. § 1914. This debt is not dischargeable in the
event Plaintiff seeks relief under the bankruptcy provisions
of the United States Code. See 11 U.S.C. §
523(a)(17). The Prison Litigation Reform Act, Pub. L. No.
104-134, 110 Stat. 1321 (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. § 1915(a), (b). As the court grants Plaintiff
permission to proceed in forma pauperis below, the
agency having custody of Plaintiff shall collect payments
from Plaintiff's prisoner trust account in accordance
with 28 U.S.C. § 1915(b)(1) and (2), until the full $350
filing fee is paid.
prisoner is permitted to file a civil action without
prepayment of fees or security therefor under 28 U.S.C.
§ 1915. Plaintiff has submitted an Application to
Proceed Without Prepayment of Fees and Affidavit (Form AO
240) to this court pursuant to 28 U.S.C. § 1915(a)(1),
which is construed as a Motion for Leave to Proceed in
forma pauperis. A review of the Motion reveals that
Plaintiff does not have the funds to prepay the filing fee.
Motion for Leave to Proceed in forma pauperis is
granted. (ECF No. 2.)
TO APPOINT COUNSEL:
files a motion seeking the appointment of counsel in this
case. (ECF No. 4.) There is no right to appointed counsel in
a case filed pursuant to 42 U.S.C. § 1983. Cf.
Hardwick v. Ault, 517 F.2d 295, 298 (5th Cir. 1975).
While the court is granted the power to exercise its
discretion to appoint counsel for an indigent in a civil
action, 28 U.S.C. § 1915(e)(1); Smith v.
Blackledge, 451 F.2d 1201 (4th Cir. 1971), such
appointment “should be allowed only in exceptional
cases.” Cook v. Bounds, 518 F.2d 779, 780 (4th
Cir. 1975). Plaintiff's motion fails to demonstrate that
exceptional circumstances exist in this case. Rather,
Plaintiff alleges he is in lockup, has limited access to the
law library, and has limited knowledge of the law.
review of the motion, this court finds that the circumstances
presented by Plaintiff do not justify the appointment of
counsel, nor would Plaintiff be denied due process if an
attorney is not appointed. See Whisenant v. Yuam,
739 F.2d 160 (4th Cir. 1984), abrogated on other grounds
by Mallard v. U.S. Dist. Court, 490 U.S. 296 (1989).
Accordingly, Plaintiff's motion for a discretionary
appointment of counsel under 28 U.S.C. §1915 (e)(1) is
denied. (ECF No. 4.)
THE CLERK OF COURT:
case is subject to summary dismissal based on an initial
screening conducted pursuant to 28 U.S.C. §1915 and/or
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.
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
must place the civil action number listed above (C/A No.
0:16-2368-DCN-PJG) on any document provided to the court
pursuant to this order. Any future filings in this case must
be sent to (901 Richland Street, Columbia, South Carolina
29201) 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 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 by 11 inches) paper only, to write or type
text on one side of a sheet of paper only and not to write or