Herdt v. Horry County Council et al

Filing 12

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2017. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Zack Herdt,

)
)
Plaintiff,
)
)
vs.
)
)
Horry County Council,
)
Harold Worley,
)
Mark Lazarus,
)
Bill Howard,
)
Jimmy Washington,
)
Gary Loftus,
)
Tyler Servant,
)
Cam Crawford,
)
Harold Phillips,
)
Johnny Vaught, et al.,
)
)
Defendants.
)
___________________________________________ )

C/A: 4:17-392-RBH-TER

ORDER

This is an action filed by a pro se non-prisoner litigant. 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:
Plaintiff has 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). (ECF No. 3).
MOTION FOR LEAVE TO FILE ELECTRONICALLY
The court denies Plaintiff’s Motion for Leave to File Electronically. (ECF No. 4). Paragraph
3.3 of the Electronic Case Filing Policies and Procedures, District of South Carolina (Dec. 1, 2016)
provides that pro se parties shall file papers in the traditional filing method.

TO THE CLERK OF COURT:
The above-captioned case is subject to summary dismissal. Hence, the Office of the Clerk
of Court is directed not to issue any summons at this time in the above-captioned case, unless
instructed by a United States District Judge or a Senior United States District Judge to do so.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above on any document provided to the
Court provided in connection with this case. Any future filings 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, such as Plaintiff, 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 2316, 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 numbers 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

March 29, 2017
Florence, South Carolina

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