Toney v. Windham, et al
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Motions granted: 2 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V Hodges on 1/11/2017. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Laura Ann Toney, as personal
representative of Maxie Lee Thomas,
Travis Windham, Sr.; Travis Windham
Jr.; and TLT Holdings, LLC,
C/A No.: 3:16-3993-MBS-SVH
This is a civil action filed by a pro se litigant. Under Local Civ. Rule
73.02(B)(2)(e) (D.S.C.), pretrial proceedings in this action have been referred to the
assigned United States Magistrate Judge.
PAYMENT OF THE FILING FEE:
Plaintiff has submitted an Application to Proceed in District Court Without
Prepaying Fees or Costs, 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 is granted. [ECF No. 2].
TO THE CLERK OF COURT:
The Clerk of Court is directed not to issue the summons or forward this matter to
the United States Marshal for service of process at this time.
Plaintiff must place the civil action number listed above (C/A No.: 3:16-3993MBS-SVH) on any document provided to the court pursuant to this order. Any future
filings in this case must be sent to: United States District Court, 901 Richland Street,
Columbia, SC 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 (eight and one-half inches by
eleven 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
You are ordered to always keep the Clerk of Court advised in writing
(United States District Court, 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.
IT IS SO ORDERED.
January 11, 2017
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
Plaintiff’s attention is directed to the important warning on the next page.
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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