Simmons v. State

Filing 5

ORDER directing clerk not to serve the 1 Petition, directing respondent not to answer, and directing the petitioner to notify the clerk in writing of any address change. Signed by Magistrate Judge Paige J. Gossett on 8/16/2017. (bgoo)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Antonio Simmons, ) ) Petitioner, ) ) v. ) ) State, ) ) Respondent. ) _____________________________________ ) C/A No. 0:17-1878-RMG-PJG ORDER This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner is a pretrial detainee. 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. PAYMENT OF THE FILING FEE: Petitioner paid the filing fee in this case. Receipt No. SCX600007620. TO THE CLERK OF COURT: This case is subject to summary dismissal based on an initial screening conducted pursuant to 28 U.S.C. § 1915A. Therefore, the Clerk of Court shall not serve a copy of the Petition or any order on the respondent pursuant to Rule 4 of the Rules Governing § 2254 Cases. The Clerk of Court shall not enter any change of address submitted by Petitioner which directs that mail be sent to a person other than Petitioner unless that person is an attorney admitted to practice before this court who has entered a formal appearance. TO RESPONDENT: Respondent shall not file an answer to the Petition because the Petition is subject to summary dismissal. TO PETITIONER: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, any documents filed subsequent to the initial pleading must be served on parties. Unless otherwise ordered, service of subsequently Page 1 of 2 filed documents on a Respondent represented by an attorney is made on the attorney. Service on attorneys who have made an appearance in this court is effected by the court’s Electronic Case Filing system through a computer generated notice of electronic filing. However, prior to Respondent’s attorney making an appearance in this court, Petitioner must serve Respondent with any documents Petitioner files subsequent to the initial pleading and file a certificate of service that states who was served, what document was served, and how the document was served. Petitioner must place the Civil Action Number (C/A No. 0:17-1878-RMG-PJG) listed above on any document filed in this case. Any future filings in this case must be sent to the address below: (901 Richland Street, Columbia, South Carolina 29201). All documents requiring Petitioner’s signature shall be signed with Petitioner’s full legal name written in Petitioner’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, Petitioner is directed to use letter-sized (8½ inches x 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. Petitioner 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. Petitioner is a pro se litigant. Petitioner’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 16, 2017 Columbia, South Carolina Page 2 of 2

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