Nixon v. Hunter et al
INITIAL ORDER FOR PRO SE PRISONERS. Granting 1 Motion to Proceed In Forma Pauperis. Plaintiff's custodian is directed to collect monthly payments from plaintiff's prison trust account and forward them to the Clerk of the Court until a total of $350 has been paid. The Clerk is directed to send a copy of this Order to the Administrator of the Poinsett County Detention Center. Signed by Judge J. Leon Holmes on 9/21/2016. (jak)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RONNIE NIXON, JR.
No. 3:16CV00249 JLH
RON HUNTER, Judge, et al.
INITIAL ORDER FOR PRO SE PRISONERS
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. In particular, Local Rule 5.5(c)(2)
It is the duty of any party not represented by counsel to promptly notify the
Clerk and the other parties to the proceedings of any change in his or her address, to
monitor the progress of the case, and to prosecute or defend the action diligently. A
party appearing for himself/herself must sign his/her pleadings and state his/her
address, zip code, and telephone number. If any communication from the Court to
a pro se plaintiff is not responded to within thirty (30) days, the case may be
dismissed without prejudice. Any party proceeding pro se must be expected to be
familiar with and follow the Federal Rules of Civil Procedure.
Second: The Three Strikes Rule. The Prison Litigation Reform Act, 28 U.S.C. § 1915(g),
In no event shall a prisoner bring a civil action or appeal a judgment in a civil
action or proceeding under this section if the prisoner has, on 3 or more prior
occasions, while incarcerated or detained in any facility, brought an action or appeal
in a court of the United States that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical injury.
Third: Service of Defendants. All Defendants must be served within 90 days of the filing
of the Complaint. This includes “John/Jane Doe” Defendants. It is your responsibility to identify
all Defendants, including “Doe” Defendants. The Court will order service on all properly identified
Defendants, but you are responsible for providing valid service addresses for each of them. Any
Defendant who is not served within 90 days will be dismissed, without prejudice, from the lawsuit.
See Fed. R. Civ. P. 4(m); Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993).
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. Phillips v. Jasper County Jail, 437 F.3d 791,
794 (8th Cir. 2006). If your case proceeds to a jury trial, however, a lawyer will be appointed to
Fifth: Do Not File Discovery. Discovery requests (such as interrogatories and requests for
production of documents) and responses to discovery requests cannot be filed with the Court.
Instead, you must mail discovery requests and responses directly to counsel for the Defendant. See
Fed. R. Civ. P. 5(d). Do not mail discovery requests to Defendants' counsel until after he or she has
filed an Answer or Motion to Dismiss.
Sixth: Do Not Send Documents to the Court, Except in Two Situations. You may send
documents or other evidence to the Court only if: (1) it is attached to a Motion for Summary
Judgment, or a Response thereto; or (2) the Court orders you to file documents or other evidence.
Seventh: Witnesses. If your case is set for trial, as your trial date approaches, you will be
asked to provide a witness list. After reviewing your witness list, the Court will subpoena the
Eighth: Filing Fee. Every civil case filed by a prisoner requires the plaintiff to pay a filing
fee. 28 U.S.C. § 1915. A $400 filing fee must be paid at the beginning of the lawsuit unless the
plaintiff cannot afford to pay the entire fee at once. If you cannot afford to pay the filing fee in a
lump sum, you may file a motion to proceed in forma pauperis (“IFP motion”). If you are granted
IFP status, the filing fee is $350, which will be collected in installments from your prisoner account.
Importantly, the entire filing fee will be collected, even if your lawsuit is dismissed.
The provided financial information demonstrates that you do not have sufficient funds to pay
the filing fee or an initial partial filing fee. Thus, your IFP motion is GRANTED. Document #1.
Your custodian is directed to collect monthly payments equal to 20% of the preceding month's
income in your institutional account each time the amount in that account is greater than $10. Your
custodian must send those payments to the Clerk until a total of $350 has been paid. The Clerk is
directed to send a copy of this Order to the Administrator of the Poinsett County Detention Center.
IT IS SO ORDERED this 21st day of September, 2016.
UNITED STATES DISTRICT JUDGE
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