Singley v. Cartledge et al

Filing 11

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 8/31/2016. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Ferris Geiger Singley, # 211565,
Plaintiff,
vs.
Larry Cartledge,
B.R.C.I. Warden,
Greg Washington,
B.R.C.I. Assoc. Warden of Operations,
The Currenct B.R.C.I. Major (Name Unknown to
Petitioner),
Minnie McCon,
B.R.C.I. Classification Supervisor,
Ms. Jones,
B.R.C.I. Mental Health Supervisor,
Lt. Lisa Young,
B.R.C.I. Lock-Up Unit Supervisor,
Defendants.

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C/A No. 4:16-2723-JMC-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 August 11, 2016, 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). A prisoner
is permitted to file a civil action without prepayment of fees or security therefor under 28 U.S.C. §
1915. Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and Affidavit
(Form AO 240) to this court pursuant to 28 U.S.C. § 1915(a)(1), which is construed as a Motion for
Leave to Proceed in forma pauperis. A review of the Motion reveals that Plaintiff does not have the
funds to prepay the filing fee.

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 any
summonses nor shall the Clerk of Court 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 which 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.
The Clerk shall change the defendant on the docket currently listed as “Current BRCI Major,
The (Name Unknown to Petitioner)” to “Major Graber, BRCI Major” pursuant to Complaint. ECF
No. 1-2.
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.
IT IS SO ORDERED.
s/ Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

August 31, 2016
Florence, South Carolina
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