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. 2.)
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.
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 No. listed above (C/A No.
4:19-1797-RBH-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 (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
Plaintiff 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 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 No. of all
pending cases you have filed with this court. Your failure to
do so will not be excused by the court.
IS SO ORDERED
INFORMATION . . . PLEASE READ CAREFULLY
TO PRO SE PARTY ...