Opinion

Brown v. Chandler

Court
District Court, D. South Carolina
Filed
Feb 12, 2020
Cited by
0 cases
Authority
More cited than 29.4%

prisoner’s pleading was filed at the moment of delivery to prison authorities for forwarding to District Court

How later courts described this case

  • prisoner’s pleading was filed at the moment of delivery to prison authorities for forwarding to District Court

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Marion Lamont Brown, Jr., ) C/A No.: 1:20-226-JFA-SVH

#00318025, )

)

Plaintiff, )

)

vs. ) ORDER

)

Cpl. T. Chandler, Ofc. Hester, and )

Deputy Warden John Palmer, )

)

Defendants. )

)

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 , 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 Civ. Rule 73.02(B)(2)(e) (D.S.C.), pretrial proceedings in this

action have been referred to the assigned United States Magistrate Judge.

PAYMENT OF THE FILING FEE:

Plaintiff applied to proceed in the District Court without prepaying fees

or costs. [ECF No. 10]. Pursuant to 28 U.S.C. § 1915, the court construes this

application as a motion for leave to proceed . 28 U.S.C.

§ 1915. A review of the motion reveals that Plaintiff should be relieved of the

obligation to prepay the full filing fee. Therefore, Plaintiff’s motion for leave

to proceed is granted, subject to the court’s right to require

a payment if Plaintiff’s financial condition changes, and to tax fees and costs

against Plaintiff at the conclusion of this case if the court finds the case to be

without merit. , 651 F.2d 970, 972-74 (4th Cir. 1981).

TO THE CLERK OF COURT:

The Clerk of Court is directed to issue the summons at this time.

IT IS SO ORDERED.

(Yew V: Magee

February 12, 2020 Shiva V. Hodges

Columbia, South Carolina United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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