United States District Court, E.D. Arkansas, Jonesboro Division
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS
have filed this federal civil rights lawsuit pro se,
that is, without the help of a lawyer. There are rules and
procedures that you must follow in order to proceed with your
lawsuit, even though you are not a lawyer.
THEREFORE ORDERED THAT:
Follow All Court Rules.
must comply with the Federal Rules of Civil Procedure as well
as Local Rules for the Eastern District of Arkansas. Local
Rule 5.5(c)(2) provides that:
"It is the duty of any party not represented by counsel
to promptly notify the Clerk and the other parties to the
proceedings of any change in his or her address, to monitor
the progress of the case, and to prosecute or defend the
action diligently. A party appearing for himself/herself
shall sign his/her pleadings and state his/her address, zip
code, and telephone number. If any communication from the
Court to a pro se plaintiff is not responded to
within thirty (30) days, the case may be dismissed without
prejudice. Any party proceeding pro se shall be
expected to be familiar with and follow the Federal Rules of
Pay the Filing Fee.
civil case filed by a prisoner - including this one -
requires the plaintiff to pay a filing fee either at the
beginning of the lawsuit or, if he cannot afford to pay the
entire fee in a lump sum, to apply for leave to proceed
in forma pauperis ("IFP"). You have filed
an application to proceed IFP and submitted all necessary
documents. Your IFP motion (Doc. No.4) is therefore GRANTED.
You will still pay the entire $350.00 filing fee. Based on
information you have provided, the Court will not assess an
initial partial filing fee. However, the filing fee will be
withdrawn from your account in monthly installments until the
filing fee is paid in full. Monthly withdrawals will be made
until the $350.00 is fully paid, even if the lawsuit is
dismissed before trial.
Provide Addresses for Service.
defendants must be served with the complaint and a summons
within 90 days of the filing of a complaint. This includes
"John/Jane Doe" defendants. Any defendant who is
not served within 90 days can be dismissed, without
prejudice, from the lawsuit. It is your responsibility to
identify and serve defendants, including "Doe"
defendants. Because you are proceeding IFP, the Court will
order service of process on the defendants, but you are
responsible for providing valid service addresses. You may
send discovery requests, or use other means, to find valid
service addresses for defendants.
No Right to Appointed Counsel.
a civil case. Unlike criminal cases, there is no right to
have an appointed lawyer in a civil case. If your case
proceeds to a jury trial, however, a lawyer may be appointed
to assist you before trial.
Do Not File Your Discovery Requests.
requests, such as interrogatories and requests for documents,
are not to be filed with the Court. Instead, discovery
requests should be sent to counsel for the defendant (or
directly to the defendant if he or she is not represented by
a lawyer). No discovery should be sent to a defendant until
after that defendant has been served with the complaint.
Do Not Send Documents to Court Except ...