Cabbagestalk v. State of South Carolina et al

Filing 7

ORDER directing Clerk not to authorize service. Signed by Magistrate Judge Kaymani D West on 11/18/2016. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Shaheen Cabbagestalk,
Plaintiff,
vs.

State of South Carolina, and
South Carolina Department of Corrections,

Defendants.

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C/A No. 5:16-cv-03314-RMG-KDW

ORDER

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:
As stated in the Report and Recommendation issued contemporaneously with this Order,
unless Plaintiff pays the full filing fee within the time permitted by the court, 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.

November 18, 2016
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge