English v. Byars et al
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. Signed by Magistrate Judge Shiva V Hodges on 12/11/2013. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Roderick Jerome English,
Plaintiff,
vs.
William R. Byars, Jr.; R. Saltburg;
Cheron M. Hess; Ann Hallman; Jannita
Gaston; Christopher Floran; and
Bradford Drawlinson,
Defendants.
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C/A No.: 1:13-2858-JFA-SVH
ORDER
This 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)
(D.S.C.), pretrial proceedings in this action have been referred to the assigned United
States Magistrate Judge.
By order issued on November 1, 2013, the court allowed Plaintiff an opportunity
to provide the information necessary to bring this case into proper form. [Entry #10].
Plaintiff has complied with the court’s order.
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). As the court has granted Plaintiff permission to proceed in
forma pauperis, 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 $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
withdrawn from an inmate’s trust account at a maximum of twenty percent regardless of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).
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.
December 11, 2013
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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