Mullinax v. Loftis

Filing 12

ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Motions granted: 7 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by David E Mullinax. Signed by Magistrate Judge Paige J Gossett on 5/14/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
David E. Mullinax,

)
)
Petitioner,
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v.
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Steve Loftis,
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Respondent.
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_____________________________________ )

C/A No. 0:14-409-TMC-PJG

ORDER

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) DSC, pretrial proceedings in this action have been referred to the assigned United States
Magistrate Judge.
On February 26, 2014, the court issued an order directing Petitioner to provide documents
necessary for initial review. (ECF No. 4.) Petitioner complied with the order and this case is now
in proper form.
PAYMENT OF THE FILING FEE:
Petitioner requests to proceed without prepaying the filing fee by filing an Application to
Proceed in District Court Without Prepaying Fees or Costs (Form AO-240), which is construed as
a Motion for Leave to Proceed in forma pauperis. Based on a review of Petitioner’s Motion for
Leave to Proceed in forma pauperis, it is granted. (ECF No. 7.)
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2241 petition upon the Respondent because the
petition is subject to dismissal.
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
May 14, 2014
Columbia, South Carolina
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