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Gilmore v. Family Court of Richland County

United States District Court, D. South Carolina

September 26, 2019

Tyganda Gilmore, #13255171, Petitioner,
v.
Family Court of Richland County, Richland County Sheriff’s Dept., and Department of Social Services for Richland County, Child Support Services, Respondents.

          ORDER

          Shiva V. Hodges United States Magistrate Judge

         This is a civil action filed by a federal inmate. Therefore, in the event that a limitations issue arises, Petitioner 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 Civ. 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:

         Petitioner applied to proceed in the District Court without prepaying fees or costs. [ECF No. 2]. Pursuant to 28 U.S.C. § 1915, the court construes this application as a motion for leave to proceed in forma pauperis. See 28 U.S.C. § 1915. A review of the motion reveals that Petitioner should be relieved of the obligation to prepay the full filing fee. Therefore, Petitioner’s motion for leave to proceed in forma pauperis is granted, subject to the court’s right to require a payment if Petitioner’s financial condition changes, and to tax fees and costs against Petitioner 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).

         TO THE CLERK OF COURT:

         The Clerk of Court is directed not to issue the summons at this time.

         TO PETITIONER:

         Petitioner must place the civil action number listed above (C/A No. 1: 19-2696-JFA-SVH) on any document provided to the court pursuant to this order. Any future filings in this case must be sent to: United States District Court, 901 Richland Street, Columbia, S.C. 29201. All documents requiring Petitioner’s signature shall be signed with Petitioner’s full legal name written in Petitioner’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, Petitioner is directed to use letter-sized (eight and one-half inches by eleven 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. Petitioner 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.

         As a pro se litigant, Petitioner’s attention is directed to the following important notice:

You are ordered to always keep the Clerk of Court advised in writing (United States District Court, 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 IS SO ORDERED.

         IMPORTANT INFORMATION...PLEASE READ CAREFULLY

         WARNING TO PRO SE PARTY OR NONPARTY FILERS

         ALL DOCUMENTS THAT YOU FILE WITH THE COURT WILL BE AVAILABLE TO THE PUBLIC ON THE INTERNET THROUGH PACER (PUBLIC ACCESS TO COURT ELECTRONIC RECORDS) AND THE COURT’S ELECTRONIC CASE FILING SYSTEM. CERTAIN PERSONAL IDENTIFYING INFORMATION SHOULD NOT BE INCLUDED IN OR SHOULD BE ...


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