Wilson v. McCall
ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 2/23/2012. (mcot, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Roy George Wilson, # 276454,
) C/A No. 5:12-0366-SB-KDW
This is an action seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. Petitioner is a
state prisoner. Therefore, in the event that a limitations issue arises, Petitioner 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 undersigned United States Magistrate Judge.
Petitioner has requested to proceed without prepaying the filing fee by filing an Application
to Proceed without Prepayment of Fees and Affidavit (Form AO 240), which is being construed as
a Motion for Leave to Proceed in forma pauperis. Based on a review of the Motion, Petitioner’s
Motion to Proceed in forma pauperis (ECF No. 2) is granted.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2254 Petition upon Respondent because the Petition
is subject to summary dismissal for failure to exhaust state court remedies.
The Clerk of Court shall not enter any change of address submitted by Petitioner which
directs that mail be sent to a person other than Petitioner unless that person is an attorney admitted
to practice before this Court who has entered a formal appearance.
Petitioner must place the Civil Action Number (C/A No.) listed above on any document filed
in connection with this case. Any future filings by Petitioner in this case must be sent to the
Clerk’s Office in Florence (Post Office Box 2317, Florence, South Carolina 29503). All
documents requiring Petitioner’s signature shall be signed with Petitioner’s full legal name written
in Petitioner’s own handwriting. Pro se litigants, such as Petitioner, shall not use the “s/typed
name” format used in the Electronic Case Filing System. In all future filings with this Court,
Petitioner 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.
Petitioner 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.
Petitioner is a pro se litigant. Petitioner's attention is directed to the following important
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.
February 23, 2012
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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