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Huot v. Montana State Department of Child and Family Services

United States District Court, D. South Carolina, Columbia Division

August 11, 2017

Safron Huot, Plaintiff,
v.
Montana State Department of Child and Family Services; Montana Supreme Court; Deer Lodge County District Court of Montana; Judge Ray Dayton; Cal Boyal; Cindy Johnson; Deer Lodge Medical Center; M.D. Wayne R. Martin; Susanne M. Clague; Ben Krakowka; Susan Day, P.H.D.; Dave Fenchak; Mary Jo Former; Roger Fortner, Defendants.

          ORDER

          PAIGE J. GOSSETT UNITED STATES MAGISTRATE JUDGE

         This is 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.

         PAYMENT 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. 1981).

         MOTION 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.

         Upon 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.

         TO THE CLERK OF COURT:

         The Clerk of Court is directed not to issue the summonses for service of process at this time.

         TO PLAINTIFF:

         Plaintiff 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 submitted.

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.

         IT ...


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