Brunson et al v. Federal Bureau of Investigation
Filing
10
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 Ronald Brunson. Angie Lee Brunson terminated. Signed by Magistrate Judge Paige J Gossett on 11/29/2011. (jpet, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Ronald Brunson,
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Plaintiff,
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v.
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Federal Bureau of Investigation,
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Defendant.
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_________________________________ )
C/A No. 3:11-2824-JFA-PJG
ORDER
This is a civil action filed by a pro se litigant. 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.
PARTIES NAMED AS PLAINTIFFS:
Ronald Brunson is the plaintiff who signed the Complaint, and it appears that he
wrote Angie Lee Brunson’s name in the caption as a co-plaintiff. Angie Lee Brunson did
not sign the Complaint, nor did she submit a Motion for Leave to Proceed in forma
pauperis. Rule 11 of the Federal Rules of Civil Procedure provides that every pleading
must be signed by a party personally if the party is unrepresented. See Fed. R. Civ. P.
11(a). Thus, this court construes that Angie Lee Brunson is not a true named plaintiff in
this case. Accordingly, the Clerk of Court is directed to terminate Angie Lee Brunson as
a party on the docket and to reflect the parties on the docket as listed in the caption of this
Order.
PAYMENT OF THE FILING FEE:
Plaintiff has submitted an Application to Proceed in District Court Without Prepaying
Fees or Costs (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 (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. See
Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir. 1981).
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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 issue the summons or forward this matter to the United
States Marshal for service of process, unless instructed by a United States District Judge
or a Senior United States District Judge to do so.
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.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above (C/A No. 3:11-2824-JFAPJG) on any document provided to the Court pursuant to this Order. Any future filings
in this case must be sent to the Clerk of Court, 901 Richland Street, Columbia, South
Carolina 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 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 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.
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IT IS SO ORDERED.
_________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
November 29, 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 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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