McKenzie v. Aki et al

Filing 5

STANDING ORDER FOR CIVIL RIGHTS CASES FILED BY SELF-REPRESENTED PRISONERS Signed by Judge Sharon L. Gleason on 5/22/2023. (ANM, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

TROY C. MCKENZIE,
Plaintiff,
v.

Case No. 3:23-cv-00098-SLG

KEITH AKI, et al.,
Defendants.

STANDING ORDER FOR CIVIL RIGHTS CASES
FILED BY SELF-REPRESENTED PRISONERS
The Clerk has received filings from self-represented prisoner Troy McKenzie
that have been docketed and assigned a case number in the Case
Management/Electronic Case Files (CM/ECF) system, as set forth above.
Docketed items are the official court record. As required by federal law, the Court
will review the filing and issue a Screening Order that will indicate whether this
case may proceed in the federal district court. Please note: It can take anywhere
from a few weeks to a few months for the Court to issue a Screening Order,
depending on how many cases are filed with the Court at any given time.
Typically, cases are reviewed in the order in which they are received by the
Court.
This order is intended to provide general information about civil litigation to
self-represented prisoners. It is not a substitute for legal advice from an attorney.
While the Court may act with leniency towards a self-represented litigant, attorneys

and self-represented litigants are expected to follow the same rules and
procedures.1 Until a Screening Order has been issued, the Court discourages the
filing of any motions or additional documents with the court. The Court cautions
that filing unnecessary motions or other documents, or attempts to serve other
parties without guidance from the Court, may result in the summary denial of
motions, orders prohibiting such filings, or delay in the litigation.
Under the Prison Litigation Reform Act, the Court is required to screen
complaints brought by a prisoner seeking relief against a governmental entity or
officer or employee of a governmental entity, even if the filing fee has been paid.
Under 28 U.S.C. §§ 1915, 1915A (the screening laws), a complaint must be
dismissed if the action is:
-

frivolous or malicious;

-

fails to state a claim on which relief may be granted; or

-

seeks monetary relief from a defendant who is immune from such relief.

If the Court finds your filing deficient, the Court may provide a statement of
the deficiencies and guidance on to how to fix them and give you an opportunity to
file an amended complaint. However, if the Court finds that the deficiencies cannot
be fixed, the Court may dismiss the case without any further notice to you, or it

Motoyama v. Hawaii, Dept. of Transp., 864 F.Supp.2d 965, 976 (2012); see also King v. Atiyeh,
814 F.2d 565, 567 (9th Cir. 1987), overruled on other grounds by Lacey v. Maricopa Cty., 693 F.3d
896 (9th Cir. 2012) (establishing self-represented litigants are bound by the same procedural rules
as represented parties).
1

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Standing Order for Self-Represented Prisoners
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may give you an opportunity to voluntarily withdraw your complaint.2 Please note,
federal law3 requires that self-represented prisoners receive a “strike” if the case
is dismissed “as frivolous or malicious or for failure to state a claim upon which
relief may be granted.”4 Prisoners who receive three or more strikes cannot bring
any other actions without prepaying the full filing fee unless the prisoner can
demonstrate that he or she is in “imminent danger of serious physical injury.”

5

If the Court finds that plausible claims exist in the complaint, then the case
can proceed to the next stage of litigation. The Court will then issue an Order
Directing Service and Response that will explain the requirements of completing
service of a Court-issued summons and copy of the complaint on each opposing
party. The complaint must not be served on any opposing party until the Court so
orders. All service must be completed in compliance with Rule 4 of the Federal
Rules of Civil Procedure.

IT IS THEREFORE ORDERED:

Hartmann v. California Dep't of Corr. & Rehab., 707 F.3d 1114, 1130 (9th Cir. 2013) (“A district
court may deny leave to amend when amendment would be futile.”).
2

3

28 U.S.C.A. § 1915(g).

4

A voluntary dismissal does not count as a “strike” under 28 U.S.C. § 1915(g).

28 U.S.C. § 1915(g). See also Lomax v. Ortiz-Marquez, et al. 590 U.S. ___, 140 S.Ct. 172 (2020)
(holding that regardless of whether the dismissal is with prejudice or without prejudice, the
dismissal of a prisoner's civil lawsuit, for failure to state a claim, counts as a strike under the
PLRA's three-strikes rule for IFP status).
5

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1. Self-represented litigants are expected to review and comply with the Federal
Rules of Civil Procedure, the Local Civil Rules, and all court Orders.6 Failure to do
so may result in the imposition of sanctions authorized by law, including dismissal
of this action.

2. Self-represented litigants must be ready to diligently pursue the case to
completion. Missing a deadline or otherwise failing to pursue a case may result in
the dismissal of this action.

3. At all times, all parties shall keep the Court informed of any change of address
or phone number. Such notice shall be titled “Notice of Change of Address.” The
Notice shall contain only information about the change of address, and its effective
date.7 The Notice shall not include requests for any other relief. A Notice of
Change of Address form, PS23, may be obtained from the Clerk of Court, if
needed. If a plaintiff fails to keep a current address on file with the Court, that may
result in a dismissal of the case without further notice.

Federal Rules of Civil Procedure: https://www.uscourts.gov/rules-policies/current-rules-practiceprocedure/federal-rules-civil-procedure; Court’s Local Rules: https://www.akd.uscourts.gov/courtinfo/local-rules-and-orders/local-rules
6

See Local Civil Rule 11.1(b) (requiring a notice of change of address to be filed, as “[s]elfrepresented parties must keep the court and other parties advised of the party’s current address
and telephone number.”).
7

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4. All litigants are responsible for keeping copies of everything filed with the Court.
As a courtesy, the Clerk’s Office will keep original filings from Self-represented
litigants, including exhibits, for 180 days from the date the document was filed.
However, litigants should not send important original documents or documents that
cannot be replaced to the Court. If an original must be returned, a Motion for
Return of Document should be filed as soon as possible.

5. When the Court receives a filing from a self-represented litigant, the Clerk’s
Office will mail to you a Notice of Electronic Filing (“NEF”) that indicates when the
document was filed and the docket number of the document in the electronic case
file for the case.

6. Copies of documents filed with the Court may be obtained from the Clerk’s Office
for 50 cents per page.

Litigants and members of the public may also print

information from the Court’s docket using the public computer terminal located in
the Clerk's Office for 10 cents per page. In the event of special circumstances or
serious financial need, a litigant may file a motion asking for the copying costs to
be waived or reduced. Litigants may also set up an account for online access to
electronic records through the Public Access to Court Electronic Records (PACER)
service.

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7. All case-related inquiries should be directed to the Clerk’s Office. It is not
permissible to write, telephone, or otherwise try to directly communicate with the
judge assigned to your case. You may contact the Clerk’s Office for questions
regarding Court procedures or assistance accessing legal forms and resources.
Please note that Clerk's Office staff are prohibited by law from providing legal
advice.

8. The Clerk of Court is directed to send the District Court’s handbook,
“REPRESENTING YOURSELF IN ALASKA’S FEDERAL COURT” with this order.

DATED this 22nd day of May, 2023, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE

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