Rahim v. South Carolina Department of Probation, Parole and Pardon Services, The

Filing 15

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. Signed by Magistrate Judge Paige J. Gossett on 8/29/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dawud Rahim,

)
)
Plaintiff,
)
)
v.
)
)
The South Carolina Department of Probation, )
Parole and Pardon Services,
)
)
Defendant.
)
_____________________________________ )

C/A No. 0:16-2440-JMC-PJG

ORDER

This is a civil action filed by a state 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 (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.
By order dated July 29, 2016, the court gave Plaintiff an opportunity to bring this case into
proper form. (ECF No. 7.) Plaintiff complied with that order.
PAYMENT OF THE FILING FEE:
By filing this case, Plaintiff has incurred a debt to the United States of America in the amount
of $350. See 28 U.S.C. § 1914.1 This debt is not dischargeable in the event Plaintiff seeks relief
under the bankruptcy provisions of the United States Code. See 11 U.S.C. § 523(a)(17). The Prison
Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996), permits a prisoner to file a civil
action without prepayment of fees or security, but requires the prisoner “to pay the full amount of
the filing fee” as funds are available. See 28 U.S.C. § 1915(a), (b). As the court previously granted
Plaintiff permission to proceed in forma pauperis, (ECF No. 7.) the agency having custody of
Plaintiff shall collect payments from Plaintiff’s prisoner trust account in accordance with 28
U.S.C. § 1915(b)(1) and (2), until the full $350 filing fee is paid.

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Effective May 1, 2013, an administrative fee of $50 is added to the filing fee of $350. The
$50 administrative fee, however, is not applicable to in forma pauperis cases.
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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 28 U.S.C. § 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.
The Clerk of Court shall not enter any change of address submitted by Plaintiff which directs
that mail be sent to a person other than Plaintiff unless that person is an attorney admitted to practice
before this court who has entered a formal appearance.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above (C/A No. 0:16-2440-JMC-PJG) on
any document provided to the court pursuant to this order. Any future filings in this case must be
sent to (901 Richland Street, Columbia, South Carolina 29201) the address below. All
documents requiring Plaintiff’s signature shall be signed with Plaintiff’s full legal name written in
Plaintiff’s own handwriting. Pro se litigants shall not use the “s/typed name” format used in the
Electronic Case Filing System. In all future filings with this court, Plaintiff is directed to use lettersized (8½ inches by 11 inches) paper only, to write or type text on one side of a sheet of paper only
and not to write or type on both sides of any sheet of paper. Plaintiff is further instructed not to write
to the edge of the paper, but to maintain one inch margins on the top, bottom, and sides of each paper
submitted.
Plaintiff is a pro se litigant. Plaintiff’s attention is directed to the following important notice:
You are ordered to always keep the Clerk of Court advised in writing (901 Richland
Street, Columbia, South Carolina 29201) if your address changes for any reason,
so as to assure that orders or other matters that specify deadlines for you to meet will
be received by you. If as a result of your failure to comply with this order, you fail
to meet a deadline set by this court, your case may be dismissed for violating this
order. Therefore, if you have a change of address before this case is ended, you must
comply with this order by immediately advising the Clerk of Court in writing of such
change of address and providing the court with the docket number of all pending
cases you have filed with this court. Your failure to do so will not be excused by the
court.
IT IS SO ORDERED.
___________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
August 29, 2016
Columbia, South Carolina

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