Jones-El v. Florence County 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 Kaymani D West on 11/7/2013. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Tyquan Jared Amir Jones-El, # 320934,
Plaintiff,
vs.
Florence County, South Carolina;
Jerry D. Vinson, and
Stephen Hill,
Defendants.
_______________________________________________
) C/A No. 4:13-2814-JMC-KDW
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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). As the court has granted 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that 28 U.S.C. § 1915(b)(2) caps the amount of funds that may be withdrawn from an inmate’s trust
account at a maximum of twenty percent regardless of the number of cases or appeals the inmate
has filed.”) (emphasis in original).
Plaintiff submitted a Financial Certificate, 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
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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.
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 the
summonses or 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 that 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 (Post Office Box
2317, Florence, South Carolina 29503) 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 29503) 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.
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IT IS SO ORDERED.
November 7, 2013
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
Plaintiff’s attention is directed to the important warning on the next page.
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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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