Capers v. Wilson
ORDER directing the Clerk not to serve the Petition upon Respondent and directing the Petitioner to keep the Clerk of Court advised of any address change. Motions granted: 2 and 8 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 10/16/2017. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Derryl B. Capers,
C/A No.: 1:17-2474-RBH-SVH
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) (holding 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.
On September 20, 2017, the court allowed Petitioner the opportunity to provide
the documents necessary for initial review. [ECF No. 6]. Petitioner substantially
complied with the court’s order, and this case is now in proper form.
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, which is
construed as a Motion for Leave to Proceed in forma pauperis. Based on a review of the
motions, Petitioner’s request to proceed in forma pauperis is granted. [ECF Nos. 2, 8].
TO THE CLERK OF COURT:
The Clerk of Court shall mail a copy of this order to Petitioner. The Clerk shall not
serve the § 2241 petition upon Respondent because the petition is subject to dismissal
The Clerk of Court shall not enter any change of address submitted by Petitioner
that directs that mail be sent to a person other than Petitioner unless that person is an
attorney admitted to practice before this court who has entered a formal appearance.
Petitioner must place the Civil Action Number (C/A No.: 1:17-2474-RBH-SVH)
listed above on any document filed in this case. Any future filings in this case must be
sent to United States District Court, 901 Richland Street, Columbia, South Carolina
29201. All documents requiring Petitioner’s signature shall be signed with Petitioner’s
full legal name written in Petitioner’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, Petitioner 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. Petitioner 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.
Petitioner is a pro se litigant. Petitioner’s attention is directed to the following
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.
IT IS SO ORDERED.
October 16, 2017
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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