Thompson v. Superintendent et al

Filing 19

ORDER directing Clerk not to authorize service. Signed by Magistrate Judge Kaymani D West on 9/25/2012. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Yolanda Thompson,
Petitioner,
vs.
Superintendent, Leath
Institution; State of SC,

Correctional

Respondent.
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) C/A No. 5:12-1952-GRA-KDW
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ORDER
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This is an action seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner is a
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 assigned United States Magistrate Judge. By
Order dated August 21, 2012, ECF No. 9, Petitioner was given a specific time frame in which to
bring this case into proper form, and was directed to submit Petitioner’s Answers to the Court’s
Special Interrogatories, ECF No. 13. Petitioner has substantially complied with the court’s Order
and this case is now in proper form.
PAYMENT OF THE FILING FEE:
Petitioner has submitted a copy of her inmate trust fund account withdrawal request,
indicating that she has authorized the South Carolina Department of Corrections to withdraw the $5
habeas filing fee from Petitioner’s account and to issue a $5 check to the Clerk of Court for payment
of the filing fee. See ECF No. 12-2.
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2254 Petition upon Respondent because the Petition
is subject to dismissal.
IT IS SO ORDERED.

September 25, 2012
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge