Glover v. South Carolina, State of

Filing 21

ORDER directing Clerk to docket the pleading as a civil complaint, directing the Clerk not to authorize service, and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Paige J. Gossett on 6/15/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Anthony Donnell Glover,

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Plaintiff,
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v.
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State of South Carolina,
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Defendant.
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_____________________________________ )

C/A No. 5:16-969-JMC-PJG

ORDER

Plaintiff, a state prisoner, filed this civil action. Therefore, in the event that a limitations
issue arises, Plaintiff shall have the benefit of the holding in Houston v. Lack, 487 U.S. 266 (1988)
(prisoner’s pleading was filed at the moment of delivery to prison authorities for forwarding to
District Court). 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 paid the filing fee in this case. (See Receipt No. SCX300065176).
CONSTRUCTION OF THE PLEADING:
By order dated April 15, 2016, the court noted it construed Plaintiff’s pleading as a petition
for a writ of habeas corpus. (ECF No. 8.) Plaintiff filed a reply to the court’s order objecting to the
court construing the pleading as a habeas petition. (ECF No. 14.) The court finds it is appropriate
to give deference to Plaintiff’s construction of his pleading, and therefore, the court will recognize
the pleading as a civil complaint.1
TO THE CLERK OF COURT:
Because of the court’s construction of the pleading, the Clerk of Court is directed to
terminate “Warden Larry Cartledge” as the defendant in this case and add “State of South Carolina”
as the defendant.

1

A district court may not rewrite a complaint to include claims that were never presented,
Barnett v. Hargett, 174 F.3d 1128 (10th Cir. 1999), construct the plaintiff’s legal arguments for
him, Small v. Endicott, 998 F.2d 411 (7th Cir. 1993), or “conjure up questions never squarely
presented” to the court, Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985).
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This case is subject to summary dismissal based on an initial screening conducted pursuant
to 28 U.S.C. §1915 and 28 U.S.C. § 1915A. Therefore, the Clerk of Court shall not issue the
summonses or forward this matter to the United States Marshal for service of process at this time.
TO PLAINTIFF:
Pursuant to Rule 5 of the Federal Rules of Civil Procedure, any documents filed subsequent
to the initial pleading must be served on parties. Unless otherwise ordered, service of subsequently
filed documents on a Respondent represented by an attorney is made on the attorney. Service on
attorneys who have 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 Respondent’s
attorney making an appearance in this court, Plaintiff must serve Respondent with any documents
Plaintiff files subsequent to the initial pleading and file a certificate of service that states who was
served, what document was served, and how the document was served.
Plaintiff must place the Civil Action Number (C/A No. 5:16-969-JMC-PJG) listed above on
any document filed in this case. Any future filings in this case must be sent to the address below:
(901 Richland Street, Columbia, South Carolina 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 (8½ inches x 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. Plaintiff’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 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.
June 15, 2016
Columbia, South Carolina

____________________________________
Paige J. Gossett
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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