James v. Padula et al

Filing 33

ORDER directing clerk to return to plaintiff an exhibit filed with 32 Supplement filed by Jerome W James. Signed by Magistrate Judge Paige J Gossett on 9/26/2011. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jerome W. James,

)
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Plaintiff,
)
)
v.
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A. J. Padula, Warden; Nolan, Associate
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Warden; Lt. Commander; Major Dean; Lt. )
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Durant, Contraband; Cpt. Cribb; Sgt.
Roach; Nurse McDonald; Ms. Cox, Mental )
)
Health,
)
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Defendants.
_________________________________ )

C/A No. 0:11-1562-DCN-PJG

ORDER

This is a civil action filed by a local prisoner. 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.
On September 22, 2011, the court received an envelope from Plaintiff which
included various documents and a dead spider wrapped in paper and plastic and labeled
as an exhibit. The Federal Rules of Civil Procedure and the Local Civil Rules for the
United States District Court for the District of South Carolina provide for the filing of
pleadings, documents, and other papers with the Clerk of Court. See Fed. R. Civ. P.
5(d)(2)(A); see also Local Civil Rule 5.02 DSC. Plaintiff’s submission of a dead spider is
not a pleading, document, or other paper which can be filed by the Clerk of Court.
TO THE CLERK OF COURT:
The Clerk of Court is directed to return the dead spider to Plaintiff.
TO PLAINTIFF:
Evidence is not appropriate at this initial stage of the proceedings. Therefore,
Plaintiff is directed to refrain from submitting any further physical samples to the Clerk of
Court. Failure to comply may result in sanctions, including but not limited to dismissal the
plaintiff’s case and/or contempt of court.
IT IS SO ORDERED.
September 26, 2011
Columbia, South Carolina

_________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE