Nelson v. Richland County Sheriff Department

Filing 7

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 Shawn Terrence Nelson. Signed by Magistrate Judge Shiva V Hodges on 3/26/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Shawn Terrence Nelson,
Plaintiff,
vs.
Richland County Sheriff Department,
Defendant.

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C/A No.: 3:14-786-JFA-SVH

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 (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)(d)
(D.S.C.), pretrial proceedings in this action have been referred to the assigned United
States Magistrate Judge.
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 (PLRA) 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(“We hold that 28 U.S.C. § 1915(b)(2) caps the amount of funds that may be withdrawn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.

Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO240), which is construed as a Motion for Leave to Proceed in forma
pauperis. See 28 U.S.C. § 1915(a)(1), (2). A review of the Motion reveals that Plaintiff
does not have the funds to pay the first installment of the filing fee. Therefore, the
amount due from Plaintiff is currently $350.
Plaintiff’s Motion for Leave to Proceed in forma pauperis is granted. [Entry #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 summons or forward this matter to the United States Marshal for
service of process at this time.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above (C/A No.: 3:14-786-JFASVH) 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 (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. 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 court.
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IT IS SO ORDERED.

March 26, 2014
Columbia, South Carolina

Shiva V. Hodges
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) (protective orders).

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