Carroll v. United States et al

Filing 28

ORDER directing Clerk not to authorize service. Signed by Magistrate Judge Kaymani D West on 8/22/2014. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
) C/A No. 5:14-2167-JMC-KDW
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Plaintiffs,
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ORDER
vs.
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United States, Federal Corporation;
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Eric Holder, US Attorney General;
Charles E. Samuels, Jr., Director of
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Federal Bureau of Prisons, FBOP;
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Andrew Mansukhani, Warden, FCI Estill;
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Nicole C. English, Warden, FCI Marianna;
Christopher Zych, Warden, USP Lee, in their Official)
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Capacities,
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Defendants.
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________________________________________
Cory Conell Carroll, and
Brian Schumaker, et al.,

This is a civil action filed by federal prisoners. 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) (D.S.C.), pretrial proceedings in this action
have been referred to the assigned United States Magistrate Judge.
By Order dated July 17, 2014, Plaintiffs were given a specific time frame in which to bring
this case into proper form. ECF No. 13. Plaintiffs have partially complied with the court’s Order.
MOTION FOR SUBPOENA DUCES TECUM:
Plaintiffs request that this court issue subpoena duces tecum for service on the Clerk of the
United States of America. ECF No. 9. In light of the recommendation of summary dismissal of
Plaintiffs’ Complaint contained in the Report and Recommendation issued contemporaneously
with this Order, Plaintiffs’ Motion is denied.
PAYMENT OF THE FILING FEE:
Plaintiff Schumaker has paid his full filing fee. (Receipt Nos. SCX200011493,
SCX400009904). Plaintiff Carroll has neither paid the filing fee nor submitted an in forma
pauperis motion as directed under the initial order issued in this case.

TO THE CLERK OF COURT:
The Clerk of Court is directed to terminate the Motion for Leave to Proceed in forma
pauperis because the document that is docketed as the Motion is a copy of correspondence
showing that Plaintiff Schumaker requested the Federal Bureau of Prisons to send a check from his
account to pay his filing fee. ECF No. 2. It does not contain any financial information from
Plaintiff Carroll, who has not paid the filing fee. As noted above, Plaintiff Schumaker paid his
filing fee in full and is not requesting in forma pauperis status and the document was docketed as a
Motion in error.
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 of Court forward this matter to the United States Marshal for
service of process at this time.
IT IS SO ORDERED.

August 22, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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