United States District Court, D. South Carolina
KAYMANI D. WEST 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 (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. § 1915(a), (b). Because the court
hereafter grants Plaintiff permission to proceed in forma
pauperis, 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.
submitted an Application to Proceed Without Prepayment of
Fees and Affidavit (Form AO 240) and a Financial Certificate,
which are construed as a Motion for Leave to Proceed in
forma pauperis. See 28 U.S.C. §
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 $350.
Motion for Leave to Proceed in forma pauperis is
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 any summonses nor shall the Clerk of Court
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 on any
document provided to the court pursuant to this Order Any
future filings in this case must be sent to: Post Office Box
2317, Florence, South Carolina 29503. All documents requiring
Plaintiffs signature shall be signed with Plaintiffs full
legal name written in Plaintiffs 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 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. Plaintiffs 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 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 ...