Gillyard v. Allendale Correctional Institution 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 02/21/2013. (dsto, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
David Gillyard, Jr.,
Allendale Correctional Institution;
South Carolina Department of Corrections;
John R. Pate;
S. R. Behlin;
) C/A No. 4:12-3050-JMC-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) 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 issued on November 20, 2012, Plaintiff was given a specific time frame in which
to bring this case into proper form. ECF No. 9. 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) and (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withdrawn from an inmate's trust account at a maximum of twenty percent regardless of the number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).
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.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
Florence, South Carolina
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