James v. Lancaster Sheriff Department et al

Filing 17

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff's Motion for Leave to Proceed in forma pauperis 10 is granted. Signed by Magistrate Judge Shiva V Hodges on 3/28/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jesse M. James,

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Plaintiff,
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vs.
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Lancaster Sheriff Department; Barry
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Faile; Lancaster Newspaper Owner;
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and Chief Editor,
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Defendants.
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__________________________________ )

C/A No.: 0:13-210-JFA-SVH

ORDER

This is a civil action filed by a local 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,
272 (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.
PAYMENT OF THE FILING FEE:
Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO 240)] and a Financial Certificate, which are construed as a Motion for
Leave to Proceed in forma pauperis. See 28 U.S.C. § 1915(a)(1), (2). A review of the
Motion reveals that Plaintiff does not have the funds to pay the first installment of the filing
fee. Therefore, the amount due from Plaintiff is currently $350. Plaintiff’s motion to
proceed in forma pauperis is granted.
TO THE CLERK OF COURT:
This case is subject to summary dismissal based on an initial screening conducted
pursuant to 28 U.S.C. § 1915 and/or § 1915A. Therefore, the Clerk of Court shall not issue
the summonses or forward this matter to the United States Marshal for service of process at
this time.

IT IS SO ORDERED.

March 28, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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