Scott v. Does
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. Denying 1 MOTION for Leave to Proceed in forma pauperis. The Clerk is directed to enclose a jail account information sheet along with a copy of this order and send it to Mr. Scott and the jail admi nistrator at the Greene County Detention Facility. The jail administrator must complete the jail account information sheet and return it to Mr. Scott so that he may submit it to the Court within 30 days of this order. The Clerk of the Court is directed to send a copy of this Order to the Administrator of the Greene County Detention Facility. Signed by Magistrate Judge Beth Deere on 6/16/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
THERON BLAKE SCOTT,
CASE NO. 3:17-CV-00153 JM/BD
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:
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 B including
this one B 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, by
applying to proceed in forma pauperis (AIFP@). You have not filed a
complete application to proceed IFP. Accordingly, your motion (docket
entry #1) is DENIED.
Mr. Scott states that he submitted the calculation sheet but Greene County
Detention Facility staff failed to complete and return it. (#1) Therefore, the Clerk
is directed to enclose a jail account information sheet along with a copy of this
order and send it to Mr. Scott and the jail administrator at the Greene County
Detention Facility. The jail administrator must complete the jail account
information sheet and return it to Mr. Scott so that he may submit it to the
Court within 30 days of this order.
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 AJohn/Jane Doe@ defendants. Any defendant who is not served within 90
days can be dismissed, without prejudice, from the lawsuit. It is your responsibility
to identify and serve defendants, including ADoe@ defendants. Because you are
proceeding IFP, the Court will order service of process on the defendants, but you
are responsible for providing valid service addresses. 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 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
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 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.
The Clerk of the Court is directed to send a copy of this Order to the Administrator
of the Greene County Detention Facility, 1809 North Rocking Chair Road, Paragould,
IT IS SO ORDERED, this 16th day of June, 2017.
UNITED STATES MAGISTRATE JUDGE
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