Perry v. Cartledge 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. Signed by Magistrate Judge Shiva V Hodges on 1/15/2015. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Tyrone Perry, #307793,
Plaintiff,
vs.
Larry Cartledge, Warden; Richard
Turner, DHO; Leigh Pollman, DHO
recorder; Cheryl Hindenburg, Inmate
Grievance Coordinator; Laura Buttrey,
Counsel Substitute; and Shantae
Kollock, Counsel Substitute,
Defendants.
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C/A No.: 1:14-4796-BHH-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 (1988) (holding that prisoner’s pleading was filed at the moment of delivery
to prison authorities for forwarding to District Court). Under Local Civ. 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 23, 2014, the court allowed Plaintiff an opportunity
to bring this case into proper form within a specific time frame. [ECF No. 9]. 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
*
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.
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 summons or forward this matter to the United States Marshal for
service of process at this time.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above (C/A No.: 1:14-4796BHH-SVH) on any document provided to the court pursuant to this order. Any future
filings in this case must be sent to United States District Court, 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 (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. 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
(United States District Court, 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
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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.
January 15, 2015
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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