Nixon v. Hitt et al
Filing
3
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. The Clerk of the Court is directed to mail to Plaintiff an IFP application along with a copy of this order. Plaintiff return a completed IFP application, including an accompanying calculation sheet and certificate signed by an authorized official, or pay the $400.00 filing fee within 30 days of the date of this order. Otherwise, the lawsuit will be dismissed. Signed by Magistrate Judge Patricia S. Harris on 6/5/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RONNIE NIXON
V.
PLAINTIFF
NO: 3:17CV00138 JM/PSH
BECKY HITT, et al.
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.
IT IS THEREFORE ORDERED THAT:
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. Local Rule 5.5(c)(2)
provides that:
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 shall 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 shall be expected to be
familiar with and follow the Federal Rules of Civil Procedure.
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 for leave to proceed in forma pauperis
(“IFP”).
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.
Although you filed a calculation sheet and certificate (Doc. No. 2), you did not file an
IFP application. The Clerk of Court is directed to enclose an IFP application along with a copy of
this order. You must return a completed IFP application, including an accompanying
calculation sheet and certificate signed by an authorized official, or pay the $400.00 filing
fee within 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 90 days of the filing of a complaint. This includes “John/Jane
Doe” defendants. Any defendant who is not served within 90 days can be dismissed, without
prejudice, from the lawsuit. If you are proceeding IFP, the Court will order service of process on
the defendants if it determines that service is appropriate after screening your complaint as
required by 28 U.S.C. § 1915A and/or 28 U.S.C. § 1915(e). However, it is your responsibility to
identify defendants, including “Doe” defendants, and to provide valid service addresses for
defendants.
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 may 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 complaint.
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 a hearing or trial, as your
hearing or trial date approaches, you will be asked to provide a witness list. After reviewing the
witness list, the Court will make efforts to ensure the attendance of all appropriate witnesses.
IT IS SO ORDERED this 5th day of June, 2017.
UNITED STATES MAGISTRATE JUDGE
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