Lyons v. Arkansas, State of et al
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. Directing the Clerk of Court to send plaintiff an IFP Application sheet and a jail account information sheet along with a copy of this Order. Plaintiff must return a completed IFP application, including an accompanying affidavit and jail account information sheet, or pay the $400 filing fee within thirty days of the date of this Order. Signed by Magistrate Judge Beth Deere on 8/24/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 1:15-CV-00091 BSM/BD
STATE OF ARKANSAS, et al.
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS
You 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.
First: 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. Copies of
rules can be found in the prison library.
In particular, Local Rule 5.5(c)(2) explains requirements for plaintiffs, like you,
who are not represented by a lawyer:
You must promptly notify the Clerk and the other parties in the case
of any change in address. You must inform the court if you are
transferred from one unit to another. Notifying the court of your
change in address is especially important if you are released from
custody while your lawsuit is pending. If you do not keep the court
informed as to your current address, your lawsuit can be dismissed.
You must monitor the progress of your case and prosecute the case
You must sign all pleadings and other papers filed with the court,
and each paper you file must include your current address.
If you fail to timely respond to a Court Order directing action on
your part, the case may be dismissed, without prejudice.
Second: 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 to proceed in
forma pauperis (“IFP”). You have not filed an application to proceed IFP.
The Clerk of Court is directed to enclose a IFP application sheet and a jail
account information sheet 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
fee within thirty (30) days of the date of this order. Otherwise, the
lawsuit will be dismissed.
Third: Provide Addresses for Service. All defendants must be served with the
complaint and a summons within 120 days of the filing of a complaint. This
includes “John/Jane Doe” defendants. Any defendant who is not served within
120 days can be dismissed, without prejudice, from the lawsuit. It is your
responsibility to identify and serve defendants, including “Doe” defendants. If 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.
Fourth: 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 will be appointed to
assist you before trial.
Fifth: 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
Sixth: 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.
Seventh: Provide a Witness List. If your case is set for trial, as your trial date
approaches, you will be asked to provide a witness list. After reviewing the
witness list, the Court will subpoena necessary witnesses.
IT IS SO ORDERED, this 24th day of August, 2015.
UNITED STATES MAGISTRATE JUDGE
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