United States District Court, D. South Carolina
Tijah M. Clarkson, #48256, Plaintiff,
Officer Williams, Defendant.
M. Clarkson (“Plaintiff”), proceeding pro se and
in forma pauperis, brings this action against Officer
Williams (“Defendant”), alleging violations of
his constitutional rights during his detention at Sumter-Lee
Regional Detention Center. A summons was issued as to
Defendant on August 27, 2019. [ECF No. 23]. This matter is
before the court because the United States Marshals Service
filed an unexecuted Form USM-285 on September 16, 2019,
indicating that it could not serve the summons and complaint
on Defendant. [ECF No. 26]. It appears a Deputy Marshall
attempt to serve Defendant at the address Plaintiff provided
on the Form USM-285, but was unable to effectuate service of
process for the following reason: “SUMTER COUNTY
ATTORNEY STATED THAT THERE IS NO OFFICER WILLIAMS EMPLOYED AT
SUMTER CO.” Id. The Deputy Marshal further
provided “NEED MORE IDENTIFIERS.” Id.
failed to provide adequate information to identify Defendant
for service of process. Therefore, the undersigned permits
Plaintiff until October 7, 2019 (plus three
days for mail time) to complete and return to the Clerk of
Court a new summons and Form USM-285 for Defendant, by
providing Officer Williams's full name (first and last).
If Plaintiff cannot obtain or provide additional identifying
information, Plaintiff must notify the court in writing
whether he agrees to dismiss Defendant without prejudice or
whether he seeks additional time for service of process with
supporting reasons for such a request.
attention is directed to Fed.R.Civ.P. 4(m), which provides as
If a defendant is not served within 90 days after the
complaint is filed, the court-on motion or on its own after
notice to the plaintiff-must dismiss the action without
prejudice against that defendant or order that service be
made within a specified time. But if the plaintiff shows good
cause for the failure, the court must extend the time for
service for an appropriate period.
is hereby warned that if he does not respond to this order
and/or does not provide a new summons and Form USM-285 for
Defendant with additional identifying information, the
undersigned may recommend that the case be dismissed without
THE CLERK OF COURT:
Clerk of Court shall mail a copy of this order and the proper
form documents to Plaintiff. If Plaintiff fails to provide
the items specified above to the Clerk of Court 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 Prisoner Pro Se Litigants, No.
3:07-mc-5014-JFA. If, however, Plaintiff provides this court
with the items specified above, the Clerk of Court should
forward the file to the assigned Magistrate Judge to
authorize service of process upon Defendant or dismiss
Defendant without prejudice.
V. Hodges, United States Magistrate Judge.
INFORMATION: PLEASE READ CAREFULLY WARNING TO PRO SE PARTY OR
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 ...