Summary
This United States District Court order grants Plaintiff Gary L. Grant’s motion to proceed in forma pauperis in his civil action against Chadwick A. Gambrell and Patricia Gunter. The court outlines the Prison Litigation Reform Act’s fee payment requirements, directing the custodial agency to collect the $350 filing fee from the plaintiff’s trust account. Additionally, the order provides procedural directives for the Clerk of Court and establishes formatting and address-update requirements for the pro se plaintiff.
Topics
Practice areas
Questions Presented
- Whether the plaintiff may proceed in forma pauperis without prepaying the filing fee
- Whether the Clerk of Court should issue summons in this case
Holdings
- The Court grants the plaintiff’s motion to proceed in forma pauperis, allowing the filing fee to be collected from the plaintiff’s prisoner trust account as funds become available.
- The Clerk of Court shall not issue any summonses nor forward the matter to the United States Marshal for service of process at this time.
Key quotations
“Plaintiff’s motion for leave to proceed in forma pauperis 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. See Flint v. Haynes, 651 F.2d 970, 972‑74 (4th Cir. 1981).”
Factual background
Gary L. Grant, a state prisoner, filed a civil action in the District of South Carolina seeking relief. The filing raised a motion to proceed in forma pauperis and addressed the obligation to prepay the filing fee. The Court considered the Prison Litigation Reform Act and related statutes.
Procedural history
Plaintiff filed a civil action as a state prisoner and moved to proceed in forma pauperis. The Court considered statutory authority and case law and issued an order granting the motion.