McDaniels v. United States of America

Filing 28

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Shiva V Hodges on 2/27/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Kevin Wayne McDaniels, a/k/a Kevin
W. McDaniels,
Plaintiff,
vs.
United States of America,
Defendant.

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C/A No.: 1:11-3128-TLW-SVH

ORDER

 This is a civil action filed by a federal 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.

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.
IT IS SO ORDERED.

February 27, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge