Richardson v. Haley et al
Filing
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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 10/29/2012. (dsto, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Curtis Dale Richardson, aka Curtis D. Richardson,
Plaintiff,
vs.
Gov. Nikki Haley;
Kela Thomas, Director SCDPPS;
Valerie Suber, Parole Examinations Manager;
Dayne Haile, Office of General Counsel;
SCDC Classification Personnel and Responsible Official;
Warden Reynolds, and
Ms. Hough, to include Inmate Records Supervisor and
Staff,
Defendants.
___________________________________________
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ORDER
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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) 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.
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amount of funds that may be withdrawn from an inmate's trust account at a maximum of twenty percent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 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 for Leave 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 any summonses nor
shall the Clerk 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.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above on any document provided to the court
pursuant to this order. Any future filings in this case must be sent to 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 (8½ inches by 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. 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 (Post Office Box
2317, Florence, South Carolina 29501) 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
October 29, 2012
Florence, South Carolina
Plaintiff’s attention is directed to the important warning on the next page.
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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