Strickland vs. Shelly Superor 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. Signed by Magistrate Judge Thomas E Rogers, III on 06/07/2012. (dsto, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
James S. Strickland, # 271958,
aka James Steven Strickland,
Shelly Superor, of Comm Dpt;
C/A No. 4:12-278-JFA-TER
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.S.C., pretrial proceedings in this action have
been referred to the assigned United States Magistrate Judge.
By Order dated March 1, 2012, Plaintiff was given a specific time frame in which to bring
this case into proper form. Plaintiff has complied with the Court’s Order, and this case is now in
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 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(“We hold that 28 U.S.C. § 1915(b)(2) caps the amount of funds that may be withdrawn from an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 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.
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.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
June 7, 2012
Florence, South Carolina
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