Tolliver v. Spartanburg, The County of et al
Filing
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ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350. Motions granted: 11 MOTION for Leave to Proceed in forma pauperis. Plaintiff's 2 MOTION for Leave to Proceed in forma pauperis is now moot. Signed by Magistrate Judge Shiva V Hodges on 12/8/2016. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jeffery Dale Tolliver,
Plaintiff,
vs.
The County of Spartanburg and Dept. of
Social Services,
Defendants.
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C/A No.: 7:16-3539-JMC-SVH
ORDER
This is a civil action filed by a local prisoner. 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) (holding that a prisoner’s pleading was filed at the moment of delivery
to prison authorities for forwarding to District Court). 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.
By order issued on November 14, 2016, the court allowed Plaintiff an opportunity to
provide the documents necessary to advance this case. [ECF No. 7]. Plaintiff has now
complied with the court’s order and this case is now in proper form.
PAYMENT OF THE FILING FEE:
Plaintiff has submitted an Application to Proceed in District Court Without
Prepaying Fees or Costs and Financial Certificate, which is construed as a Motion for Leave
to Proceed in forma pauperis. A review of the Motion reveals that Plaintiff does not have the
funds to prepay the filing fee. Plaintiff’s Motion for Leave to Proceed in forma pauperis is
granted. [ECF No. 11]. Plaintiff’s prior motion to proceed IFP [ECF No. 2] is now moot.
By filing this case, Plaintiff has incurred a debt to the United States of America in the
amount of $350. See 28 U.S.C. § 1914. This debt is not dischargeable in the event Plaintiff
seeks relief under the bankruptcy provisions of the United States Code. See 11 U.S.C. §
523(a)(17). The Prison Litigation Reform Act (PLRA) of 1996 permits a prisoner to file a
civil action without prepayment of fees or security, but requires the prisoner “to pay the full
amount of the filing fee” as funds are available. See 28 U.S.C. § 1915(a), (b). As the court
has granted Plaintiff permission to proceed in forma pauperis, the agency having custody of
Plaintiff shall collect payments from Plaintiff’s prisoner trust account in accordance with 28
U.S.C. § 1915(b)(1) and (2), until the full $350 filing fee is paid.
TO THE CLERK OF COURT:
This case is subject to summary dismissal based on an initial screening conducted
pursuant to 28 U.S.C. § 1915 and/or 28 U.S.C. § 1915A. Therefore, the Clerk of Court shall
not issue the summons 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 (C/A No.: 7:16-3539-JMCSVH) 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, 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 (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 important
notice:
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.
December 8, 2016
Columbia, 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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