Green v. Bellamy et al

Filing 16

ORDER directing Clerk not to authorize service. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Kaymani D West on 4/12/2012. (mcot, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Joel H. Green, Plaintiff, vs. Rickie Bellamy; Jay Lemacks, and South Carolina Department of Probation, Parole and Pardon Services, Defendants. ________________________________________________ ) C/A No. 5:12-521-RMG-KDW ) ) ) ) ORDER ) ) ) ) ) ) ) This is a civil action filed by a local 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 March 1, 2012, 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. ECF No. 2. 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 (ECF No. 2) 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 forward this matter to the United States Marshal for service of process at this time. IT IS SO ORDERED. April 12, 2012 Florence, South Carolina Kaymani D. West United States Magistrate Judge 2

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