Vance v. Wright et al

Filing 12

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. Motions granted: 8 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V Hodges on 11/29/2016. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Nakeo Tuwain Vance, #1606222,
Plaintiff,
vs.
Chuck Wright, Sheriff; and Ken Apple,
both of Spartanburg County,
Defendants.

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C/A No.: 1:16-3431-BHH-SVH

ORDER

This is a civil action filed by a local 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 a 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 dated October 21, 2016, Plaintiff was given a specific time frame in
which to bring this case into proper form. [ECF No. 6]. Plaintiff has complied with the
court’s order, and this case is now in proper form.
PAYMENT OF THE FILING FEE:
Plaintiff has submitted an Application to Proceed in District Court Without
Prepaying Fees or Costs and Financial Certificate, which is construed as a Motion for
Leave to Proceed in forma pauperis. A review of the Motion reveals that Plaintiff does
not have the funds to prepay the filing fee. Plaintiff’s Motion for Leave to Proceed in
forma pauperis is granted. [ECF No. 8].
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.
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.: 1:16-3431BHH-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 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.

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IT IS SO ORDERED.

November 29, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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