McFadden v. South Carolina, State of et al

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 Shiva V Hodges on 11/21/2011. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Joseph Lee McFadden, #346693,

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Plaintiff,
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v.
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State of South Carolina; County of
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Florence; and The State,
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Defendants.
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C/A No. 4:11-2317-TLW-SVH

ORDER

This is a civil action filed by a state prisoner.1 By order dated September 28, 2011,
Plaintiff was given a specific time frame in which to bring this case into proper form.
Plaintiff has substantially 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 (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). 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 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caps the amount of funds that may be withdrawn from an inmate's trust account at a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).
Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO 240) and a Financial Certificate, which are construed as a Motion for

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Plaintiff submitted two complaints signed on the same date against the same defendants
raising similar claims, and the Clerk of Court filed the two documents together as the
Complaint in this action. [Entry #1].

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 to proceed in forma pauperis is granted.
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.

November 21, 2011
Florence, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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