United States District Court, D. South Carolina
Frederick L. Howell, #310890, Plaintiff,
Richard H. Gustafson, Clarissa W. Joyner, Alan M. Wilson, Orangeburg County Public Defenders Corporation, Defendants.
E. ROGERS, III 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 Rule 73.02(B)(2), pretrial
proceedings in this action have been referred to the assigned
United States Magistrate Judge.
OF THE FILING FEE
has submitted an Application to Proceed Without Prepayment of
Fees and Affidavit (Form AO 240), which is 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 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). (ECF
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) and (b). As the court
has granted 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.
TO APPOINT COUNSEL
action is subject to summary dismissal, and the court
denies Plaintiff's Motion to Appoint Counsel.
(ECF No. 3). 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 in his motion has not shown that any
exceptional circumstances exist in this case.
Motion for Discovery is denied. (ECF No. 4).
Plaintiff's action is subject to summary dismissal for
multiple reasons as discussed in the Report and
Recommendation filed this same day. As such, this Motion was
premature as service had not been issued to any defendant.
THE CLERK OF COURT:
case is subject to dismissal. 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) 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
type on ...