Fetherson v. Blackmon et al

Filing 24

ORDER directing Plaintiff to complete and return a summons and Form USM-285 for Defendant Lieutenant Monty Lee Blackmon within fourteen (14) days from the date this order is entered, listing a current address where the defenda nt may be served. (Service documents for Defendant Blackmon due by 12/29/2016. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 12/15/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dana Fetherson, 302558,

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Plaintiff,
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v.
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Lieutenant Monty Lee Blackmon,
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Defendant.
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_____________________________________ )

C/A No. 0:16-3189-JFA-PJG

ORDER

This is a civil action filed by a state. 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.
TO THE PLAINTIFF:
By order dated October 28, 2016, the court authorized service of process against the
defendant. (ECF No. 14.) However, the summons for Defendant Lieutenant Monty Lee
Blackmon was returned unexecuted. (ECF No. 21.) A copy of the unexecuted summons is
attached to this order.
Plaintiff is reminded that he must provide, and is responsible for, information sufficient to
identify the defendant on the Form USM-285. The United States Marshal cannot serve an
inadequately identified defendant. Rule 4(m) provides that, unless a defendant is served within
ninety (90) days after the complaint is filed, the court must dismiss an action without prejudice as
to that defendant.1 See Mendez v. Elliot, 45 F.3d 75, 78S80 (4th Cir. 1995) (collecting cases).
Therefore, Plaintiff is directed to complete and return a summons and Form USM-285
for Defendant Lieutenant Monty Lee Blackmon within fourteen (14) days from the date this
order is entered (plus three days for mail time), listing a current address where the defendant
may be served. These documents must be mailed to: Clerk of Court, 901 Richland Street,
Columbia, South Carolina 29201.

1

Commencement of a state law claim is determined by Rule 3 of the South Carolina Rules
of Civil Procedure, rather than Rule 4 of the Federal Rules of Civil Procedure, and could impact the
time allowed for service of process within the applicable statute of limitations for any state law
claim.
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TO THE CLERK OF COURT:
The Office of the Clerk of Court is directed to mail a copy of this order, a copy of the
unexecuted summons, a blank summons form, and a Form USM-285 to Plaintiff. Plaintiff will have
fourteen (14) days from the date this Order is entered (plus three days for mail time) to provide an
updated address for the unserved defendant and submit an updated summons and Form USM-285
to the Clerk of Court.
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
December 15, 2016
Columbia, South Carolina
Plaintiff’s attention is directed to the important warning on the next page.

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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 seal.
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).

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