United States District Court, D. South Carolina
J. GOSSETT UNITED STATES MAGISTRATE JUDGE.
a civil action filed by a state. 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
order dated October 28, 2016, the court authorized service of
process against the defendant. (ECF No. 14.) However, the
summons for Defendant Lieutenant Monty Lee Blackmon was
returned unexecuted. (ECF No. 21.) A copy of the unexecuted
summons is attached to this order.
is reminded that he must provide, and is responsible for,
information sufficient to identify the defendant on the Form
USM-285. The United States Marshal cannot serve an
inadequately identified defendant. Rule 4(m) provides that,
unless a defendant is served within ninety (90) days after
the complaint is filed, the court must dismiss an action
without prejudice as to that defendant. See Mendez v.
Elliot, 45 F.3d 75, 78S80 (4th Cir. 1995) (collecting
Plaintiff is directed to complete and return a summons and
Form USM-285 for Defendant Lieutenant Monty Lee Blackmon
within fourteen (14) days from the date this order is entered
(plus three days for mail time), listing a current address
where the defendant may be served. These documents must be
mailed to: Clerk of Court, 901 Richland Street, Columbia,
South Carolina 29201.
THE CLERK OF COURT:
Office of the Clerk of Court is directed to mail a copy of
this order, a copy of the unexecuted summons, a blank summons
form, and a Form USM-285 to Plaintiff Plaintiff will have
fourteen (14) days from the date this Order is entered (plus
three days for mail time) to provide an updated address for
the unserved defendant and submit an updated summons and Form
USM-285 to the Clerk of Court.
INFORMATION ....PLEASE READ CAREFULLY
TO PRO SE PARTY OR NONPARTY FILERS
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.
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.
Personal information ...