Spears v. Flo Magistrate Court et al
Filing
12
ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Shiva V Hodges on 9/19/2011. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Edward R. Spears a/k/a Edward Rodney
Spears,
Plaintiff,
vs.
Florence Magistrate Court, civil dept;
Judge Neon Langely; Judge Eugene
Cooper, and Constable Eaddy,
Defendants.
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C/A No.: 4:11-1717-TLW-SVH
ORDER
This is a civil action filed by a pro se litigant. 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:
Plaintiff has submitted an Application to Proceed Without Prepayment of Fees
and Affidavit (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 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).
TO THE CLERK OF COURT:
The Clerk of Court is directed not to issue any summonses or forward this matter
to the United States Marshal for service of process at this time.
TO PLAINTIFF:
Plaintiff must place the civil action number listed above on any document provided
to the court pursuant to this order. Any future filings in this case must be sent to the
address below. 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.
important notice:
Plaintiff’s attention is directed to the following
You are ordered to always keep the Clerk of Court advised in writing (Post
Office Box 2317, Florence, South Carolina 29503) 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.
September 19, 2011
Florence, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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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