Herbert v. Stoudemire

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 8/27/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Robert Fletcher Herbert,
Plaintiff,
v.
Emerson Ruben Stoudemire,
Defendant.
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C/A No. 3:13-1570-CMC-PJG

ORDER

This is a civil action filed by a pretrial detainee. 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 June 21, 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.
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 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. 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may be withdrawn from an inmate's trust account at a maximum of twenty percent regardless of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).

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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.

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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 summonses or forward this matter to the United States Marshal for service of process at
this time.
IT IS SO ORDERED.

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Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
August 27, 2013
Columbia, South Carolina

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