United States District Court, D. South Carolina
J. GOSSETT UNITED STATES MAGISTRATE JUDGE
a civil action filed by self-represented federal 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 2, 2019, the court authorized service of
process against the defendants. (ECF No. 12.)
However, the summons for Defendant M. Breckon was
returned unexecuted. (ECF No. 17.) A copy of the
deficient Form USM-285 is attached to this order.
is reminded that he must provide, and is responsible for,
information sufficient to locate the defendant on the Form
USM-285. The United States Marshal cannot serve an
inadequately identified defendant. Under Rule 4(m), unless a
defendant is served within ninety (90) days after the
original summons is issued, the court must dismiss
an action without prejudice as to that
defendant. See Robinson v. Clipse, 602 F.3d
605, 608-09 (4th Cir. 2010) (tolling during initial review)
Plaintiff is directed to complete and return a summons and a
Form USM-285 for Defendant M. Breckon within fourteen (14)
days from the date this order is entered (plus three days for
mail time), with a sufficient address to locate the
defendant. Plaintiff should provide a
street address for the defendant. 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 deficient Form USM-285, a blank
summons, and a blank 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.
IS SO ORDERED
INFORMATION . . . PLEASE READ CAREFULLY WARNING 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.
Rule of Civil Procedure 5.2, 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):
(a) Social Security and Taxpayer Identification
Numbers. If an individual's Social Security
number or a taxpayer identification number must be included
in a document, the filer may include only the last four
digits of that number.
(b) Names of Minor Children. If the
involvement of a minor child must be mentioned, the filer may
include only the ...