Opinion
C/A No. 0:10-2730-HFF-PJG.
April 18, 2011
ORDER
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) 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 issued on March 1, 2011, Plaintiff was given a specific time frame in which to bring this case into proper form. Plaintiff has complied with the Court's Order, and this case is now in proper form.
PAYMENT OF THE FILING FEE:
TO THE CLERK OF COURT:
See 28 U.S.C. § 1914See11 U.S.C. § 523104-134110 Stat. 1321pre See28 U.S.C. § 1915The 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 filing fee is paid. See Torres v. O'Quinn612 F.3d 23725228 U.S.C. § 1915regardless of the number of cases or appeals the inmate has filed.
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.