McDaniels v. State of South Carolina

Filing 6

ORDER directing Clerk not to authorize service and advising petitioner to notify Clerk in writing of any change of address. Petitioner's request to proceed in forma pauperis 2 is granted. Signed by Magistrate Judge Shiva V Hodges on 4/27/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Kevin Wayne McDaniels, #14256-171,
Petitioner,
vs.
State of South Carolina,
Respondent.

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C/A No.: 1:12-975-TLW-SVH

ORDER

This is an action seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner is
a prisoner. Therefore, in the event that a limitations issue arises, Petitioner shall have the
benefit of the holding in Houston v. Lack, 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 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:
Petitioner requests to proceed without prepaying the filing fee by filing 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. Based on a review of the motion,
Petitioner’s request to proceed in forma pauperis [Entry #2] is granted.
TO THE CLERK OF COURT:
The Clerk of Court is directed to terminate the respondent currently listed on the
docket and to then add to the docket the Warden of FCI-Williamsburg as the sole Respondent
because a prisoner’s custodian is the proper respondent in a habeas corpus action. Rumsfeld
v. Padilla, 542 U.S. 426, 434–35 (2004).
The Clerk of Court shall not serve the § 2254 petition upon respondent because the
petition is subject to dismissal.
The Office of the Clerk of Court shall not enter any change of address submitted by
Petitioner which directs that mail be sent to a person other than Petitioner unless that person
is an attorney admitted to practice before this court who has entered a formal appearance.

TO PETITIONER:
Petitioner must place the Civil Action Number (C/A No. 1:12-975-TLW-SVH) listed
above on any document filed in this case. Any future filings in this case must be sent to
the address below. All documents requiring Petitioner’s signature shall be signed with
Petitioner’s full legal name written in Petitioner’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, Petitioner is directed to use letter-sized (8½ inches x 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. Petitioner 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.
Petitioner is a pro se litigant. Petitioner’s attention is directed to the following
important notice:
You are ordered to always keep the Clerk of Court advised in writing (901
Richland Street, Columbia, South Carolina 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 court. 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.
IT IS SO ORDERED.

April 27, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

Plaintiff’s attention is directed to the important warning on the next page.

2

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).