Swanson v. Cooper 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. Signed by Magistrate Judge Thomas E Rogers, III on 10/6/2016. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Melvin Earl Swanson,
a/k/a Melvin E. Swanson,
Plaintiff,
vs.
Charles Cooper,
Thalia D. Cooper,
County of Pickens,
Defendants.
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) C/A No. 8:16-3238-TLW-TER
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ORDER
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This is an action filed by a pro se litigant. Under Local Civil Rule 73.02(B)(2) of the United
States District Court for the District of South Carolina, 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:
This case is subject to summary dismissal based on an initial screening conducted pursuant
to 28 U.S.C. §1915. Therefore, the Clerk of Court shall not issue any summonses nor shall the Clerk
of Court forward this matter to the United States Marshal for service of process at this time.
The Clerk of Court shall not enter any change of address submitted by Plaintiff which directs
that mail be sent to a person other than Plaintiff unless that person is an attorney admitted to practice
before this court who has entered a formal appearance.
TO PLAINTIFF:
This case is not in proper form for service; however, this case is subject to summary
dismissal.
Plaintiff must place the civil action number listed above on any document provided to the
court pursuant to this Order. Any future filings by Plaintiff in this case must be sent to the
address below: (Post Office Box 2317, Florence, South Carolina 29503). All documents
requiring Plaintiff’s signature shall be signed with Plaintiff’s full legal name written in Plaintiff’s
own handwriting. Pro se litigants, such as Plaintiff, 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. Plaintiff’s 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 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
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.
s/ Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
October 6, 2016
Florence, South Carolina
Plaintiff’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
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