Deutsche Bank National Trust v. Bailey
ORDER - Defendant is ordered to always keep the Clerk of Court advised in writing if his address changes for any reason. Motion granted: 3 Motion for Leave to Proceed in forma pauperis (Restricted Access) filed by James Bradley Bailey. Signed by Magistrate Judge Paige J Gossett on 9/29/2015. (gmil)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Deutsche Bank National Trust,
James Bradley Bailey,
C/A No. 3:15-3775-JFA-PJG
The above-captioned case has been removed from the Lexington County Court of Common
Pleas.1 (ECF No. 1.) 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:
The defendant has submitted an Application to Proceed in District Court Without Prepaying
Fees or Costs (Form AO240), which the court has construed as a motion for leave to proceed in
forma pauperis. See 28 U.S.C. § 1915. A review of the motion reveals that the defendant should
be relieved of the obligation to prepay the full filing fee. Therefore, the defendant’s motion for leave
to proceed in forma pauperis is granted (ECF No. 3), subject to the court’s right to require a payment
if his financial condition changes, and to tax fees and costs against the defendant 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).
The defendant must place the civil action number listed above (C/A No. 3:15-3775-JFAPJG) on any document provided to the court pursuant to this order. Any future filings in this case
must be sent to the address below (901 Richland Street, Columbia, South Carolina 29201). All
documents requiring the defendant’s signature shall be signed with the defendant’s full legal name
written in the defendant’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, the defendant 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. The defendant is
A separately docketed Report and Recommendation recommends that the action be
remanded to state court.
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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.
The defendant is a pro se litigant. Therefore, the defendant’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 negatively impacted. 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.
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
September 29, 2015
Columbia, South Carolina
The defendant’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, Fed. R. Civ. P., 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)
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