Williams v. Richardson 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. Motions granted: 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Alvis Damon Williams. Signed by Magistrate Judge Paige J Gossett on 3/25/2014. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Alvis Damon Williams,
Julius Ness Richardson; Marshall Prince,
C/A No. 3:14-226-JFA-PJG
This is a civil action filed by a federal 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.
Plaintiff seeks appointment of counsel in the pleadings. (ECF No. 7-1 at 7.) There is no right
to appointed counsel in a civil rights action. Cf. Hardwick v. Ault, 517 F.2d 295, 298 (5th Cir.
1975). While the court is granted the power to exercise its discretion to appoint counsel for an
indigent in a civil action, 28 U.S.C. § 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir.
1971), such appointment “should be allowed only in exceptional cases.” Cook v. Bounds, 518 F.2d
779, 780 (4th Cir. 1975). Plaintiff’s Amended Complaint fails to demonstrate that any exceptional
circumstances exist in this case. After a review of the pleadings, this court has determined that there
are no exceptional or unusual circumstances presented which would justify the appointment of
counsel, nor would Plaintiff be denied due process if an attorney were not appointed. Whisenant v.
Yuam, 739 F.2d 160 (4th Cir. 1984), abrogated on other grounds by Mallard v. United States Dist.
Court, 490 U.S. 296 (1989). The issues in most civil rights cases are not complex, and whenever
such a case brought by an uncounseled litigant goes to trial, the court outlines proper procedure so
the uncounseled litigant will not be deprived of a fair opportunity to present his or her case.
Accordingly, Plaintiff’s request for a discretionary appointment of 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 a Statement of Trust Fund Account to this court pursuant to 28
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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 not have the funds to prepay the filing fee.
Plaintiff’s Motion for Leave to Proceed in forma pauperis is granted. (ECF No. 2.)
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. 3:14-226-JFA-PJG) on
any document provided to the court pursuant to this order. Any future filings in this case must be
sent to (901 Richland Street, Columbia, South Carolina 29201) the address below. 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 (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 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 (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
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IT IS SO ORDERED.
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
March 25, 2014
Columbia, South Carolina
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) (protective
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