Myers v. South Carolina, State of
Filing
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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 8 is granted. Signed by Magistrate Judge Shiva V Hodges on 9/12/2013. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dameon Myers,
Petitioner,
vs.
State of South Carolina,
Respondent.
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C/A No.: 1:13-1863-CMC-SVH
ORDER
This is a civil action filed by a state 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)(e) (D.S.C.), pretrial proceedings in this action have been referred to the
assigned United States Magistrate Judge.
By order issued on July 24, 2013, the court provided Petitioner an opportunity to
bring this case into proper form within a specified time frame. [Entry #5]. Petitioner
complied with the order and this case is now in proper form.
PAYMENT OF THE FILING FEE:
By filing this case, Petitioner 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 Petitioner 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). As the court has granted Petitioner permission to proceed in
forma pauperis, the agency having custody of Petitioner shall collect payments from
Petitioner’s prisoner trust account in accordance with 28 U.S.C. § 1915(b)(1) and
(2), until the full $350 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
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Effective May 1, 2013, an administrative fee of $50 is added to the filing fee of $350.
The $50 administrative fee, however, is not applicable to in forma pauperis cases.
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).
Petitioner has submitted an Application to Proceed in District Court without
Prepaying Fees or Costs 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 Petitioner does not have the funds to pay the first installment of the
filing fee. Therefore, the amount due from Petitioner is currently $350.
Petitioner’s Motion for Leave to Proceed in forma pauperis is granted. [Entry
#8].
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 summons or forward this matter to the United States Marshal for
service of process at this time.
TO PETITIONER:
Petitioner must place the civil action number listed above (C/A No.: 1:13-1863CMC-SVH) on any document provided to the court pursuant to this order. Any future
filings in this case must be sent to the address below (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
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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 12, 2013
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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