Mixson v. State of South Carolina et al

Filing 11

ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Motions terminated: 8 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Daniel Mark Mixson. Signed by Magistrate Judge Paige J Gossett on 7/9/2014. (gmil)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Daniel Mark Mixson,

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Petitioner,
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v.
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Al Cannon,
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Respondent.
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_____________________________________ )

C/A No. 0:14-2004-DCN-PJG

ORDER

This is an action seeking habeas corpus relief. Petitioner is a detainee at the Charleston
County Detention Center. 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 May 29, 2014, the court issued an order directing Petitioner to provide documents
necessary for initial review. (ECF No. 5.) 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. 8.)
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the Petition upon the Respondent because it is subject to
dismissal.
IT IS SO ORDERED.

July 9, 2014
Columbia, South Carolina

___________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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