United States District Court, D. South Carolina
E. Rogers, III, United States Magistrate Judge.
a civil action filed by a federal prisoner. Under Local Civil
Rule 73.02(B)(2) of the United States District Court for the
District of South Carolina, pretrial proceedings in this
action have been referred to the assigned United States
OF THE FILING FEE:
has submitted a filing which can be 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.
THE CLERK OF COURT
case is subject to summary dismissal based on an initial
screening conducted pursuant to 28 U.S.C. §1915.
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 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
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 (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 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.