Luster v. Federal Bureau of Investigations
Filing
12
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 8/19/2014. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
David A. Luster,
Plaintiff,
vs.
Dolphin, Agent Federal Bureau of Investigation;
Vining, Lieutenant Federal Bureau of Prisons,
Defendants.
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) C/A No. 5:14-2594-TMC-KDW
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ORDER
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This is a civil action filed by a federal 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) (D.S.C.), pretrial proceedings
in this action have been referred to the assigned United States Magistrate Judge.
By Order dated June 30, 2014, Plaintiff was given a specific time frame in which to bring
this case into proper form. ECF No. 6. 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). The Prison Litigation Reform Act (PLRA) of 1996 permits a prisoner to file a civil
action without prepayment of fees or security, but requires the prisoner “to pay the full amount
of the filing fee” as funds are available. See 28 U.S.C. § 1915(a), (b). Because the court hereafter
grants Plaintiff permission to proceed in forma pauperis, the agency having custody of Plaintiff
shall collect payments from Plaintiff’s prisoner trust account in accordance with 28 U.S.C.
§ 1915(b)(1) and (2), until the full $350 filing fee is paid. See Torres v. O’Quinn, 612 F.3d 237,
252 (4th Cir. 2010) (“We hold that 28 U.S.C. § 1915(b)(2) caps the amount of funds that
may be withdrawn from an inmate's trust account at a maximum of twenty percent
regardless of the number of cases or appeals the inmate has filed.”) (emphasis in original).
*
Effective May 1, 2013, an administrative fee of $50 is added to the filing fee of $350.
The $50 administrative fee, however, is not applicable to in forma pauperis cases.
Plaintiff submitted an Application to Proceed Without Prepayment of Fees and Affidavit
(Form AO 240), a Financial Certificate, and an inmate-account document, which are construed
as a Motion for Leave to Proceed in forma pauperis. ffSee 28 U.S.C. § 1915(a)(1), (2). Review
of the Motion reveals that Plaintiff does not have the funds to pay the first installment of the
filing fee. Therefore, the amount due from Plaintiff is currently $350.
Plaintiff’s Motion for Leave to Proceed in forma pauperis 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 of Court forward this matter to the United States
Marshal for service of process at this time.
IT IS SO ORDERED.
August 19, 2014
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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