Krug v. United States of America

Filing 17

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 2/3/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Gregory C. Krug,
Plaintiff,
vs.
United States of America,
Defendant.

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C/A No.: 1:13-3074-DCN-SVH

ORDER

This a civil action filed by a federal 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 December 11, 2013, the court allowed Plaintiff an opportunity
to provide the documents necessary to bring this case into proper form for initial review.
[Entry #9]. As discussed in a separately docketed Report and Recommendation, Plaintiff
did not fully comply with the 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(“We hold that 28 U.S.C. § 1915(b)(2) caps the amount of funds that may be withdrawn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).

Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO240) 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
Financial Certificate indicates that Plaintiff has $17.06 available for an initial installment
of the filing fee. [Entry #2-2 at 3]. However, no payment has yet been received by the
court; therefore, the amount due from Plaintiff is currently $350.1
Plaintiff’s Motion for Leave to Proceed in forma pauperis is granted. [Entry #2].
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.
IT IS SO ORDERED.

February 3, 2014
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

Plaintiff’s Motion also reflects $13,212 in a checking or savings account, resulting from
Social Security payments during 2013. [Entry #2-2 at 2]. However, Plaintiff indicates
that this entire amount “is owed to an attorney.” Id. Further, the Financial Certificate
does not reflect that these funds are available to Plaintiff in prison. Id at 3.
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