Primus v. Byars

Filing 45

ORDER directing Clerk not to authorize service. Plaintiff has incurred a debt to the U.S.A. in the amount of $350. Signed by Magistrate Judge Thomas E Rogers, III on 05/07/2014. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
James Anthony Primus, # 252315,

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Plaintiff,
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vs.
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Brian Stirling, S.C.D.C. Director;
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Tiffany N. Richardson, O.D.C.
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Defendant.
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________________________________________________)

C/A No. 4:13-768-JFA-TER

ORDER

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 dated April 4, 2014, 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). Because the court hereafter grants Plaintiff permission to
proceed in forma pauperis, 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 $350 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that 28 U.S.C. § 1915(b)(2) caps the amount of funds that may be withdrawn from an inmate's trust

*

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.

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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 any
summonses nor shall the Clerk of Court 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
May 7, 2014
Florence, South Carolina

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