Gilliam v. Cartledge

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 12/19/2012. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Reginald M. Gilliam, # 240636,
Petitioner,

vs.
Leroy Cartledge, Warden,
Respondent.

_______________________________________________

) C/A No. 4:12-2914-RBH-TER
)
)
)
)
ORDER
)
)
)
)
)

This is an action seeking habeas corpus relief under 28 U.S.C. § 2254. 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 Rule 73.02(B)(2),
pretrial proceedings in this action have been referred to the assigned United States Magistrate
Judge.
By Order dated November 2, 2012, Petitioner was given a specific time frame in which to
bring this case into proper form. Petitioner has complied with the court’s Order, and this case is now
in proper form.
Petitioner 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
for Leave 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 § 2254 Petition upon Respondent because the Petition
is subject to dismissal.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

December 19, 2012
Florence, South Carolina