Muhammad v. Correct Care Solutions et al

Filing 6

ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Motions granted: 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by James Muhammad. Signed by Magistrate Judge Shiva V Hodges on 11/16/2015. (mwal)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA James Muhammad, also known as Ahmad Muhammad-Ali, Petitioner, vs. Correct Care Solutions and Chief McClease, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) C/A No.: 1:15-4513-MGL-SVH ORDER This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner is a 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 Civ. Rule 73.02(B)(2)(c) (D.S.C.), pretrial proceedings in this action have been referred to the assigned United States Magistrate Judge. PAYMENT OF THE FILING FEE: Petitioner has requested to proceed without prepaying the filing fee by filing an Application to Proceed in District Court Without Prepaying Fees or Costs (AO240), which is construed as a Motion for Leave to Proceed in forma pauperis. Based on a review of the Motion, Petitioner’s request to proceed in forma pauperis is granted. [ECF No. 2]. TO THE CLERK OF COURT: The Clerk of Court shall not serve the § 2241 petition upon Respondents because the petition is subject to dismissal. IT IS SO ORDERED. November 16, 2015 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge

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