Addison et al v. Butti et al

Filing 3

INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. Denying Mr. Addison's 1 IFP Application. If Mr. Addison wishes to proceed with this action, he must pay the $400 filing fee within thirty days. Neither Mr. Horrin or Mr. Havens has filed a com plete IFP application; nor has either paid the statutory filing fee. If these individuals seek to proceed with this lawsuit, they must each file either a complete IFP application or pay the $400 statutory filing fee within thirty days. The Clerk of the Court is directed to provide IFP applications to Mr. Horrin and Mr. Havens along with a copy of this Order. Signed by Magistrate Judge Beth Deere on 12/9/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NICHOLAS ADDISON,
AUSTIN HORRIN, and
DONALD HAVENS
V.

PLAINTIFFS
CASE NO. 3:15-CV-00388 DPM/BD

BRYAN BUTTI and
MELLISA QUALLS

DEFENDANTS

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 jail library.
In particular, Local Rule 5.5(c)(2) explains requirements for plaintiffs, like you,
who are not represented by a lawyer:
1.

2.
3.
4.

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
diligently.
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”).
Because of Mr. Addison’s litigation history, he cannot proceed IFP in federal court
absent an allegation that he is in imminent danger of serious physical injury. 28
U.S.C. § 1915(g). Here, Mr. Addison has not pleaded sufficient facts to allege
imminent danger of serious injury. Therefore, his IFP application (docket entry
#1) is DENIED.
If Mr. Addison wishes to proceed with this action, he must pay the $400.00
filing fee within thirty (30) days. Failure to pay the fee will result in the
dismissal of Mr. Addison’s claims.
Neither Mr. Horrin nor Mr. Havens has filed a complete IFP application; nor has
either paid the statutory filing fee. If these individuals seek to proceed with this
lawsuit, they must each file either a complete IFP application or pay the $400
statutory filing fee within thirty days. The Clerk of the Court is directed to
provide IFP applications to Mr. Horrin and Mr. Havens along with a copy of
this Order. Failure to comply with this Order will result in the dismissal of
Mr. Horrin’s and Mr. Havens’s claims.
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 your case
proceeds to a jury trial, however, a lawyer will be appointed to assist you before
trial.
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
complaint.
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.

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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 December, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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