Porter v. South Carolina Department of Corrections et al - Document 12
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350. 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Darry Lynn Porter is granted. 9 MOTION to Appoint Counsel is denied. Signed by Magistrate Judge Shiva V Hodges on 3/12/2012. (abuc) Modified on 3/12/2012 to edit text (abuc).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Darry Lynn Porter, #284030,
South Carolina Department of
Corrections; Robert Ward, Acting
Director of S.C.D.C.; William Byars,
Director of S.C.D.C.; Willie Eagleton,
Warden Evans Correctional Institution;
Mr. McFadden, Associate Warden Evans )
Corr. Inst.; Mr. Bethea, Head
Classification Supervisor Evans Corr.
C/A No.: 1:12-435-RMG-SVH
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)
(D.S.C.), pretrial proceedings in this action have been referred to the assigned United
States Magistrate Judge.
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). 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 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(“We hold that 28 U.S.C. § 1915(b)(2) caps the amount of funds that may be withdrawn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).
Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO 240) and a Financial Certificate, which are construed as a Motion for
Leave to Proceed in forma pauperis. See 28 U.S.C. § 1915(a)(1), (2). A 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 to proceed in forma pauperis is granted.
Plaintiff has also moved for a discretionary appointment of counsel. [Entry #9].
There is no right to appointed counsel in § 1983 cases. Cf. Hardwick v. Ault, 517 F.2d 295
(5th Cir. 1975). While the court is granted the power to exercise its discretion to appoint
counsel for an indigent in a civil action, 28 U.S.C. § 1915(e)(1); Smith v. Blackledge, 451
F.2d 1201 (4th Cir. 1971), such appointment “should be allowed only in exceptional
cases.” Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Plaintiff in his motion has not
shown that any exceptional circumstances exist in this case. Accordingly, Plaintiff’s
request for a discretionary appointment of counsel [Entry #9] under 28 U.S.C. §1915
(e)(1) is denied.
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 the summons or forward this matter to the United States Marshal for
service of process at this time.
The Clerk of Court shall not enter any change of address submitted by Plaintiff
which directs that mail be sent to a person other than Plaintiff unless that person is an
attorney admitted to practice before this court who has entered a formal appearance.
Plaintiff must place the civil action number listed above on any document provided
to the court pursuant to this order. Any future filings in this case must be sent to (901
Richland Street, Columbia, South Carolina 29201) the address below. All documents
requiring Plaintiff’s signature shall be signed with Plaintiff’s full legal name written in
Plaintiff’s own handwriting. Pro se litigants shall not use the “s/typed name” format used
in the Electronic Case Filing System. In all future filings with this court, Plaintiff is
directed to use letter-sized (8½ inches by 11 inches) paper only, to write or type text on
one side of a sheet of paper only and not to write or type on both sides of any sheet of
paper. Plaintiff is further instructed not to write to the edge of the paper, but to maintain
one inch margins on the top, bottom, and sides of each paper submitted.
Plaintiff is a pro se litigant.
Plaintiff’s attention is directed to the following
You are ordered to always keep the Clerk of Court advised in writing (901
Richland Street, Columbia, South Carolina 29201) if your address
changes for any reason, so as to assure that orders or other matters that
specify deadlines for you to meet will be received by you. If as a result of
your failure to comply with this order, you fail to meet a deadline set by this
court, your case may be dismissed for violating this order. Therefore, if
you have a change of address before this case is ended, you must comply
with this order by immediately advising the Clerk of Court in writing of
such change of address and providing the court with the docket number of
all pending cases you have filed with this court. Your failure to do so will
not be excused by the court.
IT IS SO ORDERED.
March 12, 2012
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
Plaintiff’s attention is directed to the important warning on the next page.
IMPORTANT INFORMATION ....PLEASE READ CAREFULLY
WARNING TO PRO SE PARTY OR NONPARTY FILERS
All Documents That You File with the Court Will Be Available to the Public on
the Internet Through Pacer (Public Access to Court Electronic Records) and the Court’s
Electronic Case Filing System.
CERTAIN PERSONAL IDENTIFYING
INFORMATION SHOULD NOT BE INCLUDED IN OR SHOULD BE REMOVED
FROM ALL DOCUMENTS BEFORE YOU SUBMIT THE DOCUMENTS TO
THE COURT FOR FILING.
Rule 5.2 of the Federal Rules of Civil Procedure provides for privacy protection of
electronic or paper filings made with the court. Rule 5.2 applies to ALL documents
submitted for filing, including pleadings, exhibits to pleadings, discovery responses, and
any other document submitted by any party or nonparty for filing. Unless otherwise
ordered by the court, a party or nonparty filer should not put certain types of an
individual’s personal identifying information in documents submitted for filing to any
United States District Court. If it is necessary to file a document that already contains
personal identifying information, the personal identifying information should be “blacked
out” or redacted prior to submitting the document to the Clerk of Court for filing. A
person filing any document containing their own personal identifying information waives
the protection of Rule 5.2(a) by filing the information without redaction and not under
1. Personal information protected by Rule 5.2(a):
(a) Social Security and Taxpayer identification numbers. If an individual’s social
security number or a taxpayer identification number must be included in a document, the
filer may include only the last four digits of that number.
(b) Names of Minor Children. If the involvement of a minor child must be mentioned,
the filer may include only the initials of that child.
(c) Dates of Birth. If an individual’s date of birth must be included in a document, the
filer may include only the year of birth.
(d) Financial Account Numbers. If financial account numbers are relevant, the filer
may include only the last four digits of these numbers.
2. Protection of other sensitive personal information – such as driver’s license numbers
and alien registration numbers – may be sought under Rule 5.2(d)(Filings Made Under
Seal) and (e) (Protective Orders).