Deutsche Bank National Trust v. Bailey

Filing 13

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Deutsche Bank National Trust, ) ) Plaintiff, ) ) v. ) ) James Bradley Bailey, ) Defendant. ) _____________________________________ ) C/A No. 3:15-3775-JFA-PJG ORDER 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). TO DEFENDANT: 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 1 A separately docketed Report and Recommendation recommends that the action be remanded to state court. Page 1 of 3 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. Page 2 of 3 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) (Protective Orders). Page 3 of 3

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