Richard v. Immigration and Naturalization Service et al

Filing 11

ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address., Motions terminated: granting 7 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Naarl Richard. Signed by Magistrate Judge Paige J Gossett on 9/30/2011. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Naarl Richard,

) C/A No. 0:11-1508-JFA-PJG
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ORDER
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Petitioner,
vs.

Immigration and Naturalization Service;
J. Al Cannon, Jr.,
Respondent.
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This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner
is a prisoner. 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 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 Magistrate Judge. By Order dated August 15, 2011, Petitioner was given a specific
time frame in which to bring this case into proper form. Petitioner has complied with the
Court’s Order, and this case is now in proper form.
Petitioner has requested to proceed without prepaying the filing fee by filing an
Application to Proceed without Prepayment of Fees and Affidavit (Form AO-240) which is
construed as a Motion to Proceed in forma pauperis. Based on a review of the Motion,
Petitioner’s request to proceed in forma pauperis is granted.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2241 Petition upon Respondent because
the Petition is subject to dismissal.
IT IS SO ORDERED.

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Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
September 30, 2011
Columbia, South Carolina
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