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. You 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)
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. Every 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”). If you are granted IFP status, the
filing fee is $350, which will be collected in installments
from your prisoner account. Importantly, the entire filing
fee will be collected, even if your lawsuit is dismissed.
your IFP application (Doc. No. 1) does not contain a
certified record of your institutional trust fund account
activity for the past six months, it is incomplete and DENIED
without prejudice. The Clerk of Court is directed to enclose
an IFP application along with a copy of this order.
You must return a completed IFP application,
including an accompanying affidavit and jail account
information sheet, or pay the $400.00 filing and
administrative fees within 30 days of the date of this order.
Otherwise, the lawsuit will be dismissed.
Provide Addresses for Service. All 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. If you are proceeding IFP, the Court will order
service of process on the defendants if it determines that
service is appropriate after screening your complaint as
required by 28 U.S.C. § 1915A and/or 28 U.S.C. §
1915(e). However, it is your responsibility to identify
defendants, including “Doe” defendants, and to
provide valid service addresses for defendants. You may send
discovery requests, or use other means, to find valid service
addresses for defendants.
No Right to Appointed Counsel. This is 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
Do Not File Your Discovery Requests. Discovery
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 in Two
Situations. You may send documents or other evidence
to the Court only if attached to a motion for summary
judgment or in response to a motion for summary judgment; or
if the court orders you to send documents or other evidence.
Provide a Witness List. If your case is set for a
hearing or trial, as your hearing or trial date approaches,
you will be asked to provide a witness list. After reviewing
the witness list, the Court will make efforts to ensure the
attendance of all appropriate witnesses.
FURTHER ORDERED THAT:
Clerk of Court is directed to send Faulkner a blank §
1983 form, and Faulkner is directed to file an amended
complaint if he wishes to proceed with this lawsuit. In the
amended complaint, Faulkner should describe who he intends to
sue; how each defendant violated his constitutional rights;
how he was injured by each defendants' actions; and
whether he sues defendants in their individual or official
capacities. Faulkner is cautioned that an amended complaint
renders his original complaint without legal effect; only
claims properly set out in the amended complaint will be
allowed to proceed. Faulkner has thirty days from the date of
this Order to file ...