Opinion
C/A 5:24-865-RBH-KDW
05-07-2024
Dwight Xavier Jones, a/k/a Dwight X. Jones, a/k/a Dwight Jones, Plaintiff, v. Director Patricia Ray; Captain Sweat; Officer Tamiko Greg Wright; and Officer Durant, Defendants.
REPORT AND RECOMMENDATION
Kaymani D. West, United States Magistrate Judge
Dwight Xavier Jones (“Plaintiff”), proceeding pro se and in forma pauperis, brought this acting alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983. This matter comes before the court on Plaintiff's Motion for Preliminary Injunction, ECF No. 8, filed on February 20, 2024, which he filed prior to any of the named Defendants being served in this case. Pursuant to 28 U.S.C. § 636(b)(1) (A),(B) and Local Civil Rule 73.02(B)(2)(d), this Magistrate Judge is authorized to review pretrial matters in cases involving pro se litigants and submit findings and recommendations to the District Court.
Plaintiff's Motion seeks an order by this court removing him from Sumter/Lee Regional Detention Center. ECF No. 8 at 1. Plaintiff alleges he was retaliated against for asking for access to the law library. Plaintiff also indicated that on three occasions he was not served lunch. Id. He asks the court to rehouse him in another facility. Id. at 2. Finally, Plaintiff moves for venue to stay in the Columbia division “because of one sided racial biasedness” in Florence and says he is “tired of the vague/mundane excuses to dismiss.” ECF No. 8 at 3. Plaintiff also spends considerable time documenting what he believes to be inhumane conditions at Sumter/Lee Regional Detention Center.
“Preliminary injunctions are extraordinary remedies involving the exercise of very far-reaching power to be granted only sparingly and in limited circumstances.” MicroStrategy Inc. v. Motorola, Inc., 245 F.3d 335, 339 (4th Cir. 2001). To establish the need for a preliminary injunction, the party seeking the injunction must show: (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of preliminary relief; (3) that the balance of equities tips in his favor; and (4) that an injunction is in the public interest. Winter v. Natural Res. Def. Council, 555 U.S. 7, 20 (2008). On March 11, 2024, Plaintiff filed a Notice of Change of Address, indicating he is no longer housed at Sumter/Lee Regional Detention Center and is now at the Barnwell County Detention Center. For this reason, the undersigned recommends denying Plaintiff's Motion, ECF No 8, as moot. As for Plaintiff's request to keep his case “in the Columbia division” due to racial bias, the undersigned finds that aside from this errant remark, Plaintiff does not provide any rational basis for his request or any reason supporting the requested relief. Thus, to the extent this request could be read as a formal motion, the undersigned recommends denying the grant of any such relief.
IT IS SO RECOMMENDED.
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 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 initials of that child.
(c) Dates of Birth. If an individual's date of birth must be included in a document, the filer may include only the year of birth.
(d) Financial Account Numbers. If financial account numbers are relevant, the filer may include only the last four digits of these numbers.
2. Protection of other sensitive personal information - such as driver's license numbers and alien registration numbers - may be sought under Rule 5.2(d)(filings made under seal) and (e) (protective orders).