Howell v. Taylor et al
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. Motion granted: 2 MOT ION for Leave to Proceed in forma pauperis (Restricted Access) filed by Gregory Quintion Howell. Motion denied: 3 MOTION to Appoint Counsel filed by Gregory Quintion Howell. Signed by Magistrate Judge Paige J Gossett on 9/25/2013. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Gregory Quintion Howell,
Sheldon T. Taylor, Police Officer; Potts,
Springdale PD Officer; South Congaree Police )
Dept.; Town of South Congaree,
C/A No. 3:13-2111-JFA-PJG
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 (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.
MOTION FOR APPOINTMENT OF COUNSEL:
Plaintiff has filed a motion for appointment of counsel in this case. (ECF No. 3.) There is
no right to appointed counsel in § 1983 cases. Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975).
However, the court may use its discretion to request counsel to represent an indigent in a civil
action. See 28 U.S.C. § 1915(e)(1); Mallard v. U.S. District Court, 490 U.S. 296 (1989). Such
discretion “should be allowed only in exceptional cases.” Cook v. Bounds, 518 F.2d 779, 780 (4th
Cir. 1975). Whether exceptional circumstances are present depends on the type and complexity of
the case, and the pro se litigant’s ability to prosecute it. Whisenant v. Yuam, 739 F.2d 160 (4th Cir.
1984), abrogated on other grounds by Mallard, 490 U.S. 296. Upon review of the file, the court has
determined that there are no exceptional or unusual circumstances presented at this time, nor would
Plaintiff be denied due process if the court denied Plaintiff’s request for counsel. Id. Accordingly,
Plaintiff’s motion requesting counsel under 28 U.S.C. § 1915(e)(1) is denied.
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). A
prisoner is permitted to file a civil action without prepayment of fees or security therefor under 28
U.S.C. § 1915. Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO 240) to this court pursuant to 28 U.S.C. § 1915(a)(1), which is construed as a
Motion for Leave to Proceed in forma pauperis. A review of the Motion reveals that Plaintiff does
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not have the funds to prepay the filing fee. Plaintiff’s motion to proceed in forma pauperis is
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.
The Clerk of Court shall not enter any change of address submitted by Plaintiff which directs
that mail be sent to a person other than Plaintiff unless that person is an attorney admitted to practice
before this court who has entered a formal appearance.
Plaintiff must place the civil action number listed above (C/A No. 3:13-2111-JFA-PJG)
on any document provided to the court pursuant to this order. Any future filings in this case must
be sent to the address below (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 lettersized (8½ inches by 11 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
Plaintiff is a pro se litigant; his attention is directed to the following important notice:
You are ordered to always keep the Clerk of Court advised in writing (at 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.
September 25, 2013
Columbia, South Carolina
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
Plaintiff’s attention is directed to the important warning on the next page.
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IMPORTANT INFORMATION—PLEASE READ CAREFULLY
WARNING TO PRO SE PARTY OR NONPARTY FILERS
All Documents That You File with the Court Will Be Available to the Public on the Internet
Through Pacer (Public Access to Court Electronic Records) and the Court’s Electronic Case Filing
System. CERTAIN PERSONAL IDENTIFYING INFORMATION SHOULD NOT BE
INCLUDED IN OR SHOULD BE REMOVED FROM ALL DOCUMENTS BEFORE YOU
SUBMIT THE DOCUMENTS TO THE COURT FOR FILING.
Rule 5.2 of the Federal Rules of Civil Procedure provides for privacy protection of electronic
or paper filings made with the court. Rule 5.2 applies to ALL documents submitted for filing,
including pleadings, exhibits to pleadings, discovery responses, and any other document submitted
by any party or nonparty for filing. Unless otherwise ordered by the court, a party or nonparty filer
should not put certain types of an individual’s personal identifying information in documents
submitted for filing to any United States District Court. If it is necessary to file a document that
already contains personal identifying information, the personal identifying information should be
“blacked out” or redacted prior to submitting the document to the Clerk of Court for filing. A
person filing any document containing their own personal identifying information waives the
protection of Rule 5.2(a) by filing the information without redaction and not under seal.
1. Personal information protected by Rule 5.2(a):
(a) Social Security and Taxpayer identification numbers. If an individual’s social
security number or a taxpayer identification number must be included in a document, the
filer may include only the last four digits of that number.
(b) Names of Minor Children. If the involvement of a minor child must be mentioned, the
filer may include only the initials of that child.
(c) Dates of Birth. If an individual’s date of birth must be included in a document, the filer
may include only the year of birth.
(d) Financial Account Numbers. If financial account numbers are relevant, the filer may
include only the last four digits of these numbers.
2. Protection of other sensitive personal information – such as driver’s license numbers and alien
registration numbers – may be sought under Rule 5.2(d)(Filings Made Under Seal) and (e)
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