Mitchell v. Newsom et al

Filing 9

ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address., Motions terminated: granting 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Kenneth R Mitchell. Signed by Magistrate Judge Paige J Gossett on 5/6/2011. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Kenneth R. Mitchell,
aka Kenneth Ray Mitchell,
Plaintiff,
vs.
Phillip Fredric Newsom;
William Fredric Pope Sr.;
Jason S. Craig,
Defendants.
__________________________________________

) C/A No. 3:11-0869-CMC-PJG
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ORDER
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This is a civil action filed by a pro se litigant. Under Local Civil Rule 73.02 DSC,
pretrial proceedings in this action have been referred to the undersigned United States
Magistrate Judge.
It appears from financial information submitted to the Court that Plaintiff should be
relieved of the obligation to prepay the full filing fee. Plaintiff’s motion for leave to proceed
in forma pauperis (ECF No. 2) 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. Flint v. Haynes, 651
F.2d 970, 972-74 (4th Cir. 1981).
TO THE CLERK OF COURT:
The above-captioned case is subject to summary dismissal. Hence, the Office of
the Clerk of Court is directed not to authorize the issuance and service of process in the
above-captioned case, unless instructed by a United States District Judge or a Senior
United States District Judge to do so.
TO PLAINTIFF:
Any future filings by Plaintiff in this case should be sent to the Clerk’s Office
in Columbia (901 Richland Street, Columbia, South Carolina 29201). Plaintiff must
place the civil action number (C/A No.) listed above on any document he submits to this
Court in connection with the above-captioned case. All pleadings filed in this case by
Plaintiff shall be signed by Plaintiff with his full legal name written in his own handwriting.
Pro se litigants, such as Plaintiff, shall not use the “s/typed name” format used in the
Electronic Case Filing System. In any future filings in this case, Plaintiff is directed to use
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letter-size (8½ inches by 11 inches) paper, 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. His 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 file something you are
required to file within a deadline set by a District Judge or a Magistrate
Judge, 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 his order by immediately advising the Clerk of Court in writing of such
change of address and providing the Clerk of Court with the docket numbers
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.

_________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
May 6, 2011
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 Office of 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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