United States District Court, D. South Carolina, Columbia Division
J. GOSSETT UNITED STATES MAGISTRATE JUDGE
a civil action filed by apro se individual. Under
Local Civil Rule 73.02(B)(2)(e) (D.S.C.), pretrial
proceedings in this action have been referred to the assigned
United States Magistrate Judge.
OF THE FILING FEE:
Plaintiff submitted an Application to Proceed in District
Court Without Prepaying Fees or Costs (Form AO240), which the
court construed as a motion for leave to proceed in forma
pauperis. See 28 U.S.C. § 1915. (ECFNo.2.) A review
of the motion reveals that Plaintiff should be relieved of
the obligation to prepay the full filing fee. Therefore,
Plaintiffs 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.
FOR APPOINTED COUNSEL:
Plaintiff requests the appointment of counsel in this case.
(ECF No. 3.) The court may use its discretion to request
counsel to represent an indigent in a civil action.
See 28 U.S.C. § 1915(e)(1); Mallard v.
United States Dist. Court for S Dist. of Iowa, 490 U.S.
296 (1989). However, such discretion "should be allowed
only in exceptional cases." Cook v. Bounds, 518
F.2d 779, 780 (4th Cir. 1975). Whether exceptional
circumstances are present depends on the type and complexity
of the case, and the pro se litigant's ability
to prosecute it. Whisenant v. Yuam, 739 F.2d 160
(4th Cir. 1984), abrogated on other grounds by
Mallard, 490 U.S. 296.
review of the motion, the court has determined that there are
no exceptional or unusual circumstances presented at this
time. Importantly, Plaintiff provides no explanation for why
she needs counsel appointed in this matter. Accordingly,
Plaintiffs motion for appointed counsel is denied.
THE CLERK OF COURT:
Clerk of Court is directed not to issue the
summonses for service of process at this time.
must place the civil action number listed above (C/A No.
3:17-1843-MGL-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 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 (8/4 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
Plaintiff is apro 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 (901 Richland Street, Columbia,
South Carolina 29201) 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 number of all
pending cases you have filed with this court. Your failure to
do so will not be excused by the court.