Willcockson et al v. Martin
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. Denying 1 MOTION for Leave to Proceed in forma pauperis by Mr. Addison. The Clerk of Court is directed to send each plaintiff an IFP application along with a copy of this order. Each 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 6/9/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
and NICHOLAS CORTEZ ADDISON
CASE NO. 3:15-CV-00154 DPM/BD
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS
Plaintiffs Willcockson and Addison filed this federal civil rights lawsuit pro se,
that is, without the help of a lawyer. There are rules and procedures that Plaintiffs must
follow in order to proceed with your lawsuit, even though they are not a 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:
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 each 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”). Although Mr. Addison filed an application to
proceed IFP, he did not submit all necessary documents. His IFP motion (docket
entry #1), therefore, is DENIED. Ms. Willcockson has neither paid the filing fee
nor filed an IFP application.
The Clerk of Court is directed to send each Plaintiff an IFP application along with
a copy of this order. Each Plaintiff 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: 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 Plaintiffs
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. 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.
Sixth: 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 9th day of June, 2015.
UNITED STATES MAGISTRATE JUDGE
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