Gilliam v. Greenwood Professional Investigations Inc et al

Filing 14

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 05/15/2013. (dsto, )

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

vs.
Greenwood Professional Investigations Inc., and
Mr. Ronnie McCallister,
Respondents.

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) C/A No. 4:13-645-RBH-TER
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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, 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 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 March 29, 2013, 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.
PAYMENT OF THE FILING FEE:
By filing this case, Petitioner 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 Petitioner 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 Petitioner
shall collect payments from Petitioner’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withdrawn from an inmate's trust account at a maximum of twenty percent regardless of the number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).
Petitioner submitted an Application to Proceed Without Prepayment of Fees and Affidavit
*

Effective May 1, 2013, an administrative fee of $50 is added to the filing fee of $350. The
$50 administrative fee, however, is not applicable to in forma pauperis cases.

(Form AO 240), which is 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 Petitioner does not have the funds
to pay the first installment of the filing fee. Therefore, the amount due from Petitioner is currently
$350.
Petitioner’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 serve the
Petition at this time unless directed to do so by a United States District Judge.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
May 15, 2013
Florence, South Carolina

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