Prather v. Cartledge

Filing 18

ORDER directing Clerk not to authorize service, advising plaintiff to notify Clerk in writing of any change of address and granting 14 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by James D Prather. Signed by Magistrate Judge Shiva V Hodges on 2/6/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
James D. Prather,
Plaintiff,
vs.
Leroy Cartledge,
Defendant.

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C/A No.: 1:11-3176-RMG-SVH

ORDER

This is an action seeking habeas corpus relief under 28 U.S.C. § 2254. 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.

By order issued on December 27, 2011, Petitioner was given a specific time frame
in which to bring this case into proper form. Petitioner has complied with the court’s
order, and this case is now in proper form.
Petitioner has requested to proceed without prepaying the filing fee by filing an
Application to Proceed without Prepayment of Fees and Affidavit (Form AO-240), which
is 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 § 2254 petition upon Respondent because
the petition is subject to dismissal.
IT IS SO ORDERED.

February 6, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge