Stroman v. Byars et al

Filing 8

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 2 is granted. Signed by Magistrate Judge Shiva V Hodges on 4/24/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Timothy K. Stroman, #265993,
Plaintiff,
vs.
Agency Director William R. Byars, Jr.;
Warden Wayne C. McCabe; Associate
Warden Joseph McFadden; Lt. Michael
Lawrence; Cpl. Barry Robinson; and
C/O Gary Sanchez,
Defendants.
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C/A No.: 1:13-805-JFA-SVH

ORDER

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, 272 (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:
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 of 1996, Pub. L. No. 104-134,
110 Stat. 1321 (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of funds that may be withdrawn from an inmate's trust account at a maximum of twenty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
to proceed in forma pauperis is granted.
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 § 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.
The Clerk of Court shall not enter any change of address submitted by Plaintiff
which directs that mail be sent to a person other than Plaintiff unless that person is an
attorney admitted to practice before this Court who has entered a formal appearance.
TO PLAINTIFF:
Plaintiff must place the civil action number (C/A No. 1:13-805-JFA-SVH) listed
above on any document provided to the court pursuant to this order. Any future filings
in this case must be sent to 901 Richland Street, Columbia, South Carolina 29201.
All documents requiring Plaintiff’s signature shall be signed with Plaintiff’s full legal
name written in Plaintiff’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, Plaintiff is directed to use letter-sized (8½ inches by 11 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. Plaintiff 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.
Plaintiff is a pro se litigant. Plaintiff’s attention is directed to the following
important notice:
You are ordered to always keep the Clerk of Court advised in writing (at
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
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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.

April 24, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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