Starr v. Smith et al

Filing 17

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Kaymani D West on 06/25/2013. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Levern Starr,
Plaintiff,
vs.
Lt. Lamanda Smith;
Ofc. Johnny Vereen, and
Ofc. McGyver,
Defendants.
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ORDER
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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 May 16, 2013, Plaintiff was given a specific time frame
in which to bring this case into proper form. ECF No. 7. 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. 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 is granted. ECF No. 11.
MOTION TO APPOINT COUNSEL
Plaintiff filed a Motion for Appointment of Counsel, ECF No. 14, in which he seeks
appointed counsel. There is no right to appointed counsel in § 1983 cases. Cf. Hardwick v. Ault, 517
F.2d 295, 298 (5th Cir. 1975). While the court is granted the power to exercise its discretion to
appoint counsel for an indigent in a civil action, 28 U.S.C. § 1915(e)(1); Smith v. Blackledge, 451
F.2d 1201 (4th Cir. 1971), such appointment “should be allowed only in exceptional cases.” Cook
v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Plaintiff in his Motion has not shown that any

exceptional circumstances exist in this case. Rather, he simply states that he is a pro se prisoner with
limited legal knowledge and access to legal resources and that his case involves complex legal
issues. ECF No. 14.
This is a typical complaint by prisoners seeking to pursue civil cases pro se in federal court,
and after a review of the file, this court has determined that there are no exceptional or unusual
circumstances presented which would justify the appointment of counsel, nor would Plaintiff be
denied due process if an attorney were not appointed. Whisenant v. Yuam, 739 F.2d 160 (4th Cir.
1984). In most civil rights cases, the issues are not complex, and whenever such a case brought by
an uncounseled litigant goes to trial, the court outlines proper procedure so the uncounseled litigant
will not be deprived of a fair opportunity to present his or her case. Accordingly, Plaintiff’s request
for a discretionary appointment of counsel under 28 U.S.C. §1915 (e)(1) is denied.
TO THE CLERK OF COURT:
The Clerk of Court is directed to make the proposed document currently at ECF No. 9 an
attachment to the Complaint, ECF No. 1.
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 the
summonses or forward this matter to the United States Marshal for service of process at this time.
IT IS SO ORDERED.

June 25, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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