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:
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.
Thus, Plaintiff's Motion for Leave to Proceed in
forma pauperis is granted. (ECF No. 3.)
by 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, 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.
FOR THE APPOINTMENT OF COUNSEL:
requests the appointment of counsel in this case. (ECF No.
4.) 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.
asserts that he requires the appointment of counsel in this
matter because of his age, legal blindness, physical
disability, indigency, and lack of legal knowledge. However,
the court finds Plaintiff's circumstances are not
exceptional or unusual compared to other incarcerated pro
se plaintiffs, nor would the plaintiff be denied due
process if the court denied plaintiff's request for
counsel. Id. The court notes that despite the
obstacles identified by Plaintiff, he successfully and
competently filed this action and complied with the
court's procedures without any indication of disability.
Accordingly, the plaintiff's motion requesting counsel
under 28 U.S.C. § 1915(e)(1) is denied.
THE CLERK OF COURT:
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.
3:18-2088-TLW-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
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. 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 thisorder. 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 ...