Butler v. Bessinger et al

Filing 12

ORDER RULING ON REPORT AND RECOMMENDATION: The Court agrees with the Magistrate's recommendation so ADOPTS the R & R 7 as the order of the Court. The Court DENIES Plaintiff's motion for leave to proceed in forma pauperis 2 and orders Plaintiff to pay the required filing fees to proceed with this litigation. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 02/06/2017. (dsto, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Lavadre Butler, #337779,
a/k/a Lavadre D. Butler,
a/k/a Lavadre Dashun Butler,
Plaintiff,

v.
Trevor Bessinger,
Lisa Young,
Gregory Washington,
Mr. Escalyne,
Mr. Suarez,
Mr. Braddy,
Mr. Shorter,
Mr. Williams,
Mr. Wilson,
Defendants.

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CIA No: 4: 16-cv-3662-RMG

ORDER and OPINION

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This matter comes before the Court on the Report and Recommendation ("R & R") of the
Magistrate Judge. (Dkt. No.7). The Magistrate Judge has recommended that the Court deny
Plaintiff's motion for leave to proceed in forma pauperis because Plaintiff reported on his
application to proceed in forma pauperis that he has approximately $30,000 in a savings account.
(Dkt. No.2.) The Court has also reviewed Plaintiffs objections to the R & R. (Dkt. No.9).
Plaintiff says he is unable to access the funds in his savings account while incarcerated because
he does not have access to legal counsel to whom he could assign power of attorney to retrieve
those funds. Plaintiff has asked this Court to appoint counsel for him for this purpose. As
outlined in the R & R, Plaintiffis responsible for paying the required filing fees ifhe has the
funds to do so. If Plaintiff is unable to retrieve the funds on his own, Plaintiffhas the ability to
hire counsel for the purpose of retrieving those funds.

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For these reasons, the Court agrees with the Magistrate's recommendation so ADOPTS
the R & R as the order of the Court. The Court DENIES Plaintiffs motion for leave to proceed
in forma pauperis and orders Plaintiff to pay the required filing fees to proceed with this
litigation.
AND IT IS SO ORDERED.

United States District Court Judge
February U 2017
Charleston, South Carolina

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