Miles v. Salvation Army et al
Filing
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PROPER FORM ORDER-Case to be brought into proper form by 3/5/2012. ORDER granting 4 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Betty Kay Miles. Signed by Magistrate Judge Shiva V Hodges on 2/8/2012. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Betty Kay Miles,
Plaintiff,
vs.
Salvation Army, Angela Repass, and
David Repass,
Defendants.
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C/A No.: 1:12-176-MBS-SVH
ORDER
This is a civil action filed by a pro se litigant. 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:
Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and
Affidavit (Form AO 240), which is construed as a Motion for Leave to Proceed in forma
pauperis. See 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. 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).
TO PLAINTIFF:
This case is not in proper form for service at this time. If Plaintiff does not bring
this case into proper form within the time permitted by this order, this case may be
dismissed for failure to prosecute and failure to comply with an order of this court
under Rule 41 of the Federal Rules of Civil Procedure.
Under General Order, In Re: Procedures in Civil Actions Filed by Non-Prisoner
Pro Se Litigants, No. 3:07-mc-5015-JFA (D.S.C. Sept. 18, 2007), the undersigned is
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giving Plaintiff twenty-one (21) days from the date this order is entered (plus three days
for mail time) to:
1) Complete one summons form which lists every defendant named in this
matter. In the space following “TO: (Defendant’s name and address),”
Plaintiff is required to provide a complete name and a full address where
Defendant(s) can be served pursuant to Rule 4 of the Federal Rules of Civil
Procedure. Plaintiff’s complete name and full address must be provided in the
blank section following “plaintiff or plaintiff’s attorney, whose name and
address are.” Handwritten information must be printed and legible. Nothing
else should be written by Plaintiff on either the front or back of the
summons or in the margins. If it is necessary to list additional defendants
whose names and street addresses do not fit in the space on the summons form
preceded by “TO: (Name and address of Defendant),” Plaintiff must attach an
additional page of letter-sized (8½ inches by 11 inches) paper listing additional
defendants and service addresses. Blank forms are attached for Plaintiff’s use.
NOTE: You previously submitted a summons form which failed to include
your own address information.
2) Complete, sign, and return a Form USM-285 for each defendant listed in
this case. Only one defendant’s name and street address should appear on
each form. Defendant’s name and street address should be placed in the
spaces preceded by the words “SERVE AT.” Plaintiff’s name and address
should be placed in the space designated “SEND NOTICE OF SERVICE
COPY TO . . .”, and Plaintiff should sign where the form requests “Signature
of Attorney or other Originator . . . .” Plaintiff must provide Defendant’s
complete street address on the form (not a post office box address). Plaintiff
must provide, and is responsible for, information sufficient to identify
Defendants on the Forms USM-285. The United States Marshal cannot serve
an improperly identified defendant, and unserved defendants may be dismissed
as parties to a case. Blank forms are attached for Plaintiff’s use.
3) Signed the previously submitted Pro Se Party’s Answers to Rule 26.01
Interrogatories, which are attached to this order. NOTE: You failed to sign
the copy of your Rule 26.01 Interrogatories that you previously submitted.
No process shall issue until the items specified above have been reviewed by
the assigned Magistrate Judge.
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
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to 901 Richland St., Columbia, SC 29201. 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
important notice:
You are ordered to always keep the Clerk of Court advised in writing (901
Richland St., Columbia, SC 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.
TO THE CLERK OF COURT:
The Clerk of Court shall mail a copy of this order and the proper form documents
to Plaintiff. If Plaintiff fails to provide the items specified above to the Clerk of Court
within the period prescribed in this order, the Clerk of Court shall forward the file to the
assigned United States Magistrate Judge for a recommendation. See In Re: Procedures in
Civil Actions Filed by Non-Prisoner Pro Se Litigants, No. 3:07-mc-5015-JFA. If,
however, Plaintiff provides this court with the items specified above, the Clerk of Court
should forward the file to the assigned Magistrate Judge to determine if service of process
should be authorized.
The Office of 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.
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IT IS SO ORDERED.
February 8, 2012
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
Plaintiff’s attention is directed to the important WARNING on the following 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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