Salyers v. Vieira

Filing 5

ORDER: If Appellant does not file his designation of items to be included in the record on appeal and a statement of the issues to be presented, Appellant's Notice of Appeal is subject to involuntary dismissal by the district court pursuant to Fed. R. Bankr. P. 8003(a)(2). Signed by Magistrate Judge Thomas E Rogers, III on 11/02/2016. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
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Michelle L. Vieira, Chapter 7 Trustee for Kathy
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JoAnn Salyers,
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Appellee,
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vs.
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Ricky J. Salyers,
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Appellant.
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___________________________________________ )

C/A: 4:16-3505-BHH-TER

ORDER

The above-captioned case is a pro se appeal from the United States Bankruptcy Court for the
District of South Carolina. The docket number for the bankruptcy court action is Case No. 1502095-dd that adversary case number 16-80146-dd arises from. The parties must use the civil action
number listed above (C/A No. 4:16-cv-3505-BHH-TER) when they file subsequent briefs, motions,
or other documents in this case.
This Court has appellate jurisdiction pursuant to 28 U.S.C. § 158. Appellant filed a Notice
of Appeal in the United States Bankruptcy Court for the District of South Carolina on October 27,
2016. Pursuant to Fed. R. Bankr. P. 8003, the Notice of Appeal was transmitted to this Court on
October 28, 2016. Appellant paid the filing fee.
TO THE APPELLANT:
The United States Bankruptcy Court for the District of South Carolina has noted on its
docket and by letter to the Appellant that the Appellant’s Designation of Record is due by November
10, 2016, to be filed by the Appellant with the bankruptcy clerk and to be served on the Appellee.
Appellant is directed to file its Designation of Record pursuant to Fed. R. Bankr. P. 8009. Rule 8009
specifically lists what must be included in the record on appeal and addresses ordering of any
transcript.
If Appellant does not file his designation of items to be included in the record on appeal
and a statement of the issues to be presented, Appellant’s Notice of Appeal is subject to
involuntary dismissal by the district court pursuant to Fed. R. Bankr. P. 8003(a)(2).
Upon the Appellant completing her duties under the Rules, the bankruptcy clerk must
transmit the record to the clerk of this Court pursuant to Rule 8010 and then the clerk of this Court
must enter information on the docket regarding receipt of the record and promptly notify all parties
to the appeal.

Upon the docketing of notice that the record has been transmitted or is available
electronically in the district court, the Appellant must serve and file a brief within 30 days of the
docketing of the notice that the record has been transmitted or is available electronically. (Rules
8011, 8014, and 8015 address filing and form of Briefs). Pursuant to Rule 8018, then the Appellee
must serve and file its brief within 30 days after service of Appellant’s brief. The Appellant may
serve and file a reply brief within 14 days after service of the appellee’s brief, but a reply brief must
be filed at least 7 days before scheduled argument unless the district court, for good cause, allows
a later filing.
Importantly, if Appellant fails to file a brief on time, the District Court, after notice, may
dismiss the appeal on its own motion.
Pursuant to Rule 5 of the Federal Rules of Civil Procedure, any brief, motion, or document
filed in this case must be served on Appellees. Unless otherwise ordered, service of subsequently
filed documents on a party represented by an attorney is made on the attorney. Service on an
attorney who has made an appearance in this court is effected by the court’s Electronic Case Filing
system through a computer generated notice of electronic filing. However, prior to Appellee’s
attorney making an appearance in this court, Appellant must serve Appellee with any brief, motion,
or other document, and must file a certificate of service that states who was served, what document
was served, and how the document was served.
Appellant is a pro se party in this case. Therefore his attention is directed to the following
important notice:
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 file something you are required to file within a deadline set by a United States
District Judge or a United States Magistrate Judge, 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 numbers 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.

November 2, 2016
Florence, South Carolina

s/ Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

Appellant’s attention is directed to the important WARNING on the following 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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