Keith v. Cartledge et al
Filing
6
ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Petitioner's request to proceed in forma pauperis 2 is granted. Signed by Magistrate Judge Shiva V Hodges on 9/13/2012. (abuc) Modified to edit text on 9/13/2012 (abuc).
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Trovon Keith, a.k.a. Trovon Aquarius
Keith, Trovon A. Keith, and Travon
Keith,
Petitioner,
vs.
Warden Cartledge; Associate Warden
Mauney,
Respondents.
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C/A No.: 1:12-2406-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.
PAYMENT OF THE FILING FEE:
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 for Leave to Proceed in forma pauperis. Based on a review of the
Motion, Petitioner’s request to proceed in forma pauperis [Entry #2] is granted.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2254 Petition upon respondents 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.: 1:12-02406-RMG-SVH)
listed above on any document filed in this case. Any future filings in this case must be sent
to 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 (eight and one-half inches by eleven 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.
September 13, 2012
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
2
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