Ramirez v. FCI Edgefield

Filing 15

ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 4/30/2012. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Miguel Ramirez,
Petitioner,
vs.
Warden, FCI Edgefield,
Respondent.
_______________________________________________

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ORDER
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This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner is a
prisoner. Therefore, in the event that a limitations issue arises, Petitioner 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) of the United States District Court for the District of South Carolina, pretrial
proceedings in this action have been referred to the assigned United States Magistrate Judge.
Petitioner has requested to proceed without prepaying the filing fee by filing an Application
to Proceed without Prepayment of Fees and Affidavit (Form AO-240) which is construed as a
Motion to Proceed in forma pauperis. Based on a review of the Motion, Petitioner’s request to
proceed in forma pauperis is granted.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2241 Petition upon Respondent because the Petition
is subject to dismissal.
The Clerk of Court shall not enter any change of address submitted by Petitioner which
directs that mail be sent to a person other than Petitioner unless that person is an attorney admitted
to practice before this Court who has entered a formal appearance.
TO PETITIONER:
Petitioner must place the Civil Action Number (C/A No. 4:12-0028-JMC-TER) listed above
on any document filed in this case. Any future filings in this case must be sent to: P. O. Box
2317, Florence, South Carolina 29503. All documents requiring Petitioner’s signature shall be
signed with Petitioner’s full legal name written in Petitioner’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, Petitioner is directed to use letter-sized (8½ inches x 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. Petitioner 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.
Petitioner is a pro se litigant, and his attention is directed to the following important notice:
You are ordered to always keep the Clerk of Court advised in writing (P. O. Box
2317, Florence, South Carolina 29503) 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.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
April 30, 2012
Florence, South Carolina

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