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Shuler v. State

United States District Court, D. South Carolina, Orangeburg Division

February 12, 2019

Melodie Shuler; M.K.D.; M.T.S.D., Plaintiffs,
State of South Carolina; Orangeburg County Sheriff's Department; Sheriff Leroy Ravenell; Captain Antonia Turkvant; Chief Kenneth Kinsey; Captain Lacrea Jenkins; Lieutenant Coyler; Sergeant Allen Hunter; Orangeburg County Sheriff's Deputies; Franklin Ashley Williams; Michael Lawrence; John Stuke; Derek Howell; Andre Brisbon; Chris Powell; Carelene Jenkins; Calvin Hall; Laquetta Sumpter; Samuel Daily; Derrick Dash; Diane Goodstein; Winnifa B. Clark; South Carolina Law Enforcement Division; Officer Lawrence Wiggins; North Charleston Police Department; Chief Eddie Driggers; Sergeant Ronald Webb; Officer Clarence Habersham; Justin Infinger; Officer Justice Jenkins; South Carolina Department of Social Services; Sylvia Mitchum; Traci Alter Michele Blue; Gillum; One Unknown Individual; Six Unknown DSS Workers, Defendants.



         This is a civil action filed by a pro se litigant. 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.


         This case was filed by Melodie Shuler on behalf of herself and her minor children, M.K.D. and M.T.S.D. However, Shuler is warned that the United States Court of Appeals for the Fourth Circuit has held that non-attorney parents generally may not litigate the claims of their minor children in federal court. Myers v. Loudoun Cty. Pub. Schs., 418 F.3d 395, 401 (4th Cir. 2005).

         Shuler indicates in the Complaint that she is a lawyer, but she provides no indication that she is licensed to practice law in this state or in this court. Accordingly, the court hereby grants thirty (30) days for M.K.D. and M.T.S.D. to obtain counsel. Otherwise, M.K.D. and M.T.S.D.'s claims may be dismissed.


         Plaintiff must place the civil action No. listed above (C/A No. 5:19-88-MGL-PJG) on any document provided to the court pursuant to this order. Any future filings in this case must be sent to the address below (901 Richland Street, Columbia, South Carolina 29201). All documents requiring Plaintiffs' 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 (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. Therefore, Plaintiff's attention is directed to the following important notice:

You are ordered to always keep the Clerk of Court advised in writing (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 No. of all pending cases you have filed with this court. Your failure to do so will not be excused by the court.


         The Clerk of Court shall mail a copy of this order to Plaintiff Melodie Shuler. If Shuler fails to comply with the directive above within the period prescribed in this order, the Clerk of Court shall forward the file to the assigned United States Magistrate Judge for a recommendation. See In Re: Procedures in Civil Actions Filed by Non-Prisoner Pro Se Litigants, No. 3:07-mc-5015-JFA. If, however, Shuler complies with the directive, the Clerk of Court should forward the file to the assigned magistrate judge to determine if service of process should be authorized.

         The Office of the Clerk of Court shall not enter any change of address submitted by Plaintiffs which directs that mail be sent to a person other than Plaintiffs unless that person is an attorney admitted to practice before this court who has entered a formal appearance.


         IMPORTANT INFORMATION . . . ...

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