Trappier v. Curry et al
Filing
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ORDER directing Clerk not to authorize service. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Kaymani D West on 9/21/2012. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Anthony Gene Trappier,
also known as Anthony G. Trappier,
Plaintiff,
vs.
DEU Agent Freddy Curry; DEU Agent
Rodney Thomason; DEU Agent Alan
Jackson; DEU Agent Guthinger; DEU Agent
Bordner; US Probation Officer Holly
Foxworth; ICE Agent Nebraska Moore; sued
in their individual and official capacity,
Defendants.
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ORDER
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This is a civil action filed by a federal 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) 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. By Order dated September 10, 2012 (ECF No. 9), 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 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withdrawn from an inmate’s trust account at a maximum of twenty percent regardless of the number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 a “Declaration in Support of Request for Leave to Proceed In Forma
Pauperis,” ECF No. 2, and a Financial Certificate, ECF No. 2-2, 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 for Leave to Proceed in forma pauperis, ECF No. 2, 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.
September 21, 2012
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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