Scott et al v. Mills et al
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS. The 1 Motion to Proceed In forma pauperis is granted. The Court will not assess an initial partial filing fee; however, monthly withdrawals from Plaintiff's prison trust account will be made until the $350 fee is paid in full. Plaintiff must file an amended complaint within thirty days. If Mr. Moore or Mr. Bogan wish to proceed with this case, each must file a complete IFP application or pay the statutory filing fee within thirty days. In addition, each must submit a signed, amended complaint. The Clerk of the Court is instructed to provide Mr. Moore and Mr. Bogan IFP applications, along with copies of this Order. The Clerk is further directed to send a copy of this Order to the ADC Trust Fund Centralized Banking Office, the ADC Compliance Division, and the Warden of the Poinsett County Detention Center. Signed by Magistrate Judge Beth Deere on 12/4/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ELVIN TYRONE JOEL SCOTT,
BRIAN MOORE, and
CASE NO. 3:14-CV-00281 JLH/BD
LARRY MILLS and
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS
The Plaintiffs have filed this federal civil rights lawsuit pro se, that is, without the
help of a lawyer. There are rules and procedures that they must follow in order to
proceed with the lawsuit, even though they are not lawyers.
First: Follow All Court Rules. Plaintiffs 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 jail library.
In particular, Local Rule 5.5(c)(2) explains requirements for plaintiffs who are not
represented by a lawyer:
They must promptly notify the Clerk and the other parties in the case
of any change in address. They must inform the court if they are
transferred from one unit to another. Notifying the court a change in
address is especially important if plaintiffs are released from custody
while the lawsuit is pending. If plaintiffs do not keep the court
informed as to their current address, the lawsuit can be dismissed.
Plaintiffs must monitor the progress of the case and prosecute the
Plaintiffs must sign all pleadings and other papers filed with the
court, and each paper filed must include a current address.
If any communication from the Court to a pro se plaintiff is not
responded to within thirty (30) days, the case can be dismissed,
Second: Pay the Filing Fee. Every civil case filed by a prisoner – including this
one – requires that each plaintiff 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”). Mr. Scott has filed an application to proceed
IFP and submitted all necessary documents. His IFP motion (docket entry #1),
therefore, is GRANTED. He will still pay a $350.00 filing fee, but the fee will be
collected in monthly installments from his prison account.
Based on balances in Mr. Scott’s jail trust account, the Court will not assess an
initial partial filing fee. The filing fee will be withdrawn from his jail 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.
Third: 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 the case
proceeds to a jury trial, however, a lawyer will be appointed to assist a plaintiff
Fourth: 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
Fifth: Do Not Send Documents to Court Except in Two Situations. Plaintiffs
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.
Sixth: Provide a Witness List. If the case is set for trial, as the trial date
approaches, plaintiffs will be asked to provide a witness list. After reviewing the
witness list, the Court will subpoena necessary witnesses.
Here, because Plaintiffs did not sign the complaint, they must file an amended
complaint within thirty days. In addition, although Brian Moore and Derrick Bogan are
listed as Plaintiffs in this lawsuit, neither of those inmates submitted an IFP application or
paid the filing fee. Moreover, the allegations in the Complaint do not relate to either Mr.
Moore or Mr. Bogan. Therefore, if either of these inmates wants to proceed in this
lawsuit, each must file a complete IFP application or pay the statutory filing fee
within 30 days. In addition, each must submit a signed, amended complaint
explaining how their constitutional rights have been violated. Failure to comply with
this Order could result in the dismissal of some, or all, of the claims raised.
The Clerk of the Court is instructed to provide Mr. Moore and Mr. Bogan IFP
applications, along with copies of this Order.
In addition, the Clerk of the Court is directed to send a copy of this Order to the
Arkansas Department of Correction Trust Fund Centralized Banking Office, P.O. Box
8908, Pine Bluff, Arkansas 71611, the Arkansas Department of Correction Compliance
Division, P.O. Box 20550, Pine Bluff, Arkansas 71612, and the Warden/Director of the
Poinsett County Detention Center, 1500 Justice Drive, Harrisburg, Arkansas 72432.
IT IS SO ORDERED, this 4th day of December, 2014.
UNITED STATES MAGISTRATE JUDGE
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