Stepney v. Ward et al

Filing 12

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff's Motion for Leave to Proceed in forma pauperis 9 is granted. Signed by Magistrate Judge Shiva V Hodges on 3/26/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Inmate Mr. Wade Stepney, Jr.,
Plaintiff,
vs.
Mr. Robert E. Ward, SCDC Deputy
Director; Mr. Michaiel Mathews, SCDC
Classification Director; Ms. Susan
Montgomer, SCDC Leg/GOV Relations;
Ms. Livington, SCDC KCI R&E
Classification; Hon. Sen. Robert D. Ford,
Correction Penology,
Defendants.

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ORDER
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This is a civil action filed by a state 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.
By order issued on February 1, 2013, Plaintiff was given a specific time frame in
which to bring this case into proper form. [Entry #7]. Plaintiff has complied with the court’s
order, and this case is now in proper form.
PAYMENT OF THE FILING FEE:
By filing this case, Plaintiff has incurred a debt to the United States of America in the
amount of $350. See 28 U.S.C. § 1914. This debt is not dischargeable in the event Plaintiff
seeks relief under the bankruptcy provisions of the United States Code. See 11 U.S.C. §
523(a)(17). The Prison Litigation Reform Act (PLRA) of 1996 permits a prisoner to file a
civil action without prepayment of fees or security, but requires the prisoner “to pay the full
amount of the filing fee” as funds are available. See 28 U.S.C. § 1915(a), (b). The agency
having custody of Plaintiff shall collect payments from Plaintiff’s prisoner trust account
in accordance with 28 U.S.C. § 1915(b)(1) and (2), until the full filing fee is paid. See
Torres v. O’Quinn, 612 F.3d 237, 252 (4th Cir. 2010) (“We hold that 28 U.S.C. § 1915(b)(2)
caps the amount of funds that may be withdrawn from an inmate’s trust account at a

maximum of twenty percent regardless of the number of cases or appeals the inmate has
filed.”) (emphasis in original).
Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO 240) and a Financial Certificate, which are construed as a Motion for
Leave to Proceed in forma pauperis. See 28 U.S.C. § 1915(a)(1), (2). A review of the
Motion reveals that Plaintiff does not have the funds to pay the first installment of the filing
fee. Therefore, the amount due from Plaintiff is currently $350.
Plaintiff’s Motion for Leave to Proceed in forma pauperis is granted. [Entry #9].
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.

March 26, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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