Gerald v. Mullins Police Department

Filing 13

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 3/9/2015. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Helen Faye Gerald,
Plaintiff,
vs.
Mullins Police Department,
Defendant.

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C/A No. 4:15-cv-00288-CMC-KDW

ORDER

This is a civil action filed by a pro se litigant. Under Local Civil Rule 73.02(B)(2)
(D.S.C.), pretrial proceedings in this action have been referred to the assigned United States
Magistrate Judge. By Order dated January 23, 2015, 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
Plaintiff submitted 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. See 28
U.S.C. § 1915. A review of the Motion reveals that Plaintiff should be relieved of the obligation
to prepay the full filing fee. Plaintiff’s Motion for Leave to Proceed in forma pauperis is
granted, subject to the court’s right to require a payment if Plaintiff’s financial condition
changes, and to tax fees and costs against Plaintiff at the conclusion of this case if the court finds
the case to be without merit. See Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir. 1981).
TO THE CLERK OF COURT:
The Clerk of Court is directed not to issue the summons or forward this matter to the
United States Marshal for service of process at this time.
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 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.
IT IS SO ORDERED.

March 9, 2015
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge