Herbert v. Del Prestigiacomo

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. Signed by Magistrate Judge Paige J Gossett on 8/19/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Robert Fletcher Herbert,

)
)
Plaintiff,
)
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v.
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)
Edward Del Prestigiacomo,
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Defendant.
)
_____________________________________ )

C/A No. 3:13-1354-CMC-PJG

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, 272 (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) DSC, pretrial proceedings in this action have
been referred to the assigned United States Magistrate Judge.
By Order dated May 31, 2013, Plaintiff was given a specific time frame in which to bring this
case into proper form. Plaintiff has complied with the court’s Order, and this case is now in proper
form.
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.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
August 19, 2013
Columbia, South Carolina

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