Byrd v. Drew
Filing
10
ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Shiva V Hodges on 9/7/2011. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jamie Edward Byrd,
Petitioner,
vs.
D. Drew,
Respondent.
)
)
)
)
)
)
)
)
)
)
C/A No.: 1:11-1193-MBS-SVH
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) (D.S.C.), pretrial proceedings in this action have
been referred to the assigned United States Magistrate Judge.
Petitioner has requested to proceed without prepaying the filing fee by filing a
Motion to Proceed without Prepayment of Fees and an Inmate Financial Inquiry
Statement, which are construed as a Motion to Proceed in forma pauperis. Based on a
review of the Motion, Petitioner’s request to proceed in forma pauperis is granted.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2241 Petition upon Respondent because
the Petition is subject to dismissal.
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 PETITIONER:
Petitioner must place the Civil Action Number (C/A No. 1:11-01193-MBS-SVH)
listed above on any document filed in this case. Any future filings in this case must be
sent to (Post Office Box 2317, Florence, South Carolina 29503). 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 11inches) 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 (Post
Office Box 2317, Florence, South Carolina 29503) 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.
September 7, 2011
Florence, South Carolina
Shiva V. Hodges
United States Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?