Cabbagestalk v. Smith et al

Filing 16

ORDER directing Clerk not to authorize service. Signed by Magistrate Judge Kaymani D West on 4/9/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
) C/A No. 5:14-268-RMG-KDW
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ORDER
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Shaheen Cabbagestalk, # 295567,
Plaintiff,
vs.
Willie F. Smith, Head Administrator over Food Services;
Mr. Marlon Fedd, Lee CI Food Services Head Food
Supervisor;
All Kitchen Supervisors, and
Warden Dennis Bush,
Defendants.
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This is a civil action filed by a state 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.
TO THE CLERK OF COURT:
Unless Plaintiff pays the full filing fee within the time permitted by the court as
recommended in the Report and Recommendation issued contemporaneously with this Order, this
case is subject to summary dismissal under the three-strikes rule. Therefore, the Clerk of Court shall
not issue any summonses nor shall the Clerk of Court forward this matter to the United States
Marshal for service of process at this time.
IT IS SO ORDERED.

April 9, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge