United States District Court, D. South Carolina, Charleston Division
REPORT AND RECOMMENDATION
GORDON BAKER UNITED STATES MAGISTRATE JUDGE
Ann Tyler, a state prisoner proceeding pro se, has
filed a petition for mandamus. (Dkt. No. 1.) Tyler wants the
Court to produce receipts of installment payments the Court
has received from her prison account in order to pay the
filing fees on previous cases she has filed. Under 28 U.S.C.
§ 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(c)
(D.S.C.), the undersigned is authorized to review the motion
and submit a recommendation to the District Judge. For the
following reasons, the undersigned recommends summarily
dismissing this case, with prejudice and without service of
is a prisoner who filed several civil actions in this Court
over the past few years. The Court allowed her to proceed
in forma pauperis in those cases. Because she was a
prisoner when she filed those cases, her filing fees have
been incrementally debited from her prison account over the
years. Tyler contends she has fully paid all those fees, and
yet her prison is continuing to debit her account. Tyler
wants written records showing what payments she has made on
her fees for each case and how much (if anything) she owes.
filed her petition on August 5. (Dkt. No. 1-1 at 2.) On
August 22, the undersigned issued an order notifying Tyler
that she had neither paid the filing fee for her petition nor
sought to proceed in forma pauperis. (Dkt. No. 3.)
The undersigned gave Tyler twenty-one days (plus three days
for mailing time) to either pay the fee or apply to proceed
in forma pauperis. (Id. at 2.) The
undersigned warned Tyler that if she did not timely do either
of those things, her case would be dismissed under Federal
Rule of Civil Procedure 41 for failure to prosecute and
failure to comply with a court order. (Id.)
September 10, Tyler sent the Court a letter. (Dkt. No. 6.) In
her letter, she said she is not trying to pursue a lawsuit;
rather, she wants the Court to provide her financial records
relating to her filing fee debts so that she can determined
if the prison's continued debiting of her account is
proper. (Id. at 1-2.)
deadline to pay the fee or apply to proceed in forma
pauperis has expired.
may be dismissed due to the plaintiff's failure to
prosecute it or comply with a court order. Fed.R.Civ.P.
41(b). The undersigned ordered Tyler to pay the $5.00 filing
fee or apply to proceed in forma pauperis by
September 16. As Tyler has declined to take either action,
her case should be dismissed for failure to prosecute and
failure to comply with the August 22 order.
Failure to State a Claim
the petition may be dismissed for failure to state a claim.
“Mandamus is a drastic remedy to be used only in
extraordinary circumstances. Kerr v. U.S. Dist.
Court, 426 U.S. 394, 402 (1976). Mandamus relief is only
available when there are no other means by which the relief
sought could be granted. In re Beard, 811 F.2d 818,
826 (4th Cir. 1987).
admits she is not actually seeking a writ of mandamus against
anyone. Rather, she wants this Court to provide her copies of
payment records. She did not need a to seek a writ of a
mandamus for that. Rather, she could have just written to the
Clerk of Court's finance department, which is located at
the Matthew J. Perry, Jr. Courthouse, 901 Richland Street,
Columbia, South Carolina 29201. ...