United States District Court, D. South Carolina
J. GOSSETT UNITED STATES MAGISTRATE JUDGE.
a civil action filed by a self-represented state prisoner.
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.
order dated October 16, 2018, the court authorized service of
process against the defendants. (ECF No. 18.)
However, the summons for Defendant Officer Beck was
returned unexecuted because the Form USM-285 was
deficient. (ECF No. 24.) A copy of the deficient
Form USM-285 is attached to this order. The form indicates
service could not be accepted by the SCDC Office of General
Counsel because it could not locate the defendant.
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 seeks to effect service of process on Officer Beck,
Plaintiff must move for an extension of time to effect
service, and provide the court with a Form USM-285 that is
not deficient. These documents must be mailed to:
Clerk of Court, 901 Richland Street, Columbia, South Carolina
THE CLERK OF COURT:
Office of the Clerk of Court is directed to mail a copy of
this order to Plaintiff, as well as a copy of the unexecuted
Form USM-285 for Defendant Officer Beck. (ECF No. 24.)
IS SO ORDERED.
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 protected by Rule 5.2(a):
Social Security and Taxpayer ...