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Fetherson v. Blackmon

United States District Court, D. South Carolina

December 15, 2016

Dana Fetherson, 302558, Plaintiff,
v.
Lieutenant Monty Lee Blackmon, Defendant.

          ORDER

          PAIGE J. GOSSETT UNITED STATES MAGISTRATE JUDGE.

         This is 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 Judge.

         TO THE PLAINTIFF:

         By 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.

         Plaintiff 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.[1] See Mendez v. Elliot, 45 F.3d 75, 78S80 (4th Cir. 1995) (collecting cases).

         Therefore, 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.

         TO THE CLERK OF COURT:

         The 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.

         IT IS SO ORDERED.

         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 ...


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