Glass v. Cox et al
INITIAL ORDER FOR PRO SE PRISONERS. Plaintiff is directed to file a completed IFP motion along with a prison calculation sheet completed by an authorized jail office. Both documents must be properly completed and returned to the Clerk on or before 11/20/2017. The Clerk is directed to send Plaintiff an IFP motion and a prisoner calculation sheet. Signed by Magistrate Judge J. Thomas Ray on 10/20/2017. (jak)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DAVID ALLEN GLASS
SUSAN COX, Nurse,
Poinsett County Detention Center, 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) 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 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
Second: The Three Strikes Rule.
U.S.C. ' 1915(g), provides that:
The Prison Litigation Reform Act, 28
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 AJohn/Jane Doe@ Defendants. It
is your responsibility to identify all Defendants, including ADoe@ 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.
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 assist you.
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 necessary witnesses.
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 (AIFP 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.
You have filed a certificate of prisoner account (Doc. 2) that contains your
average monthly balance, but not your average monthly deposits. The Court must
have both averages. Additionally, you have not filed an IFP motion, which the
Court must also have. The Clerk is directed to send you an IFP motion and a
prisoner calculation sheet.
You must sign and complete the IFP motion. In contrast, you must have the
prisoner calculation sheet completed by an authorized jail official. Both
documents must be properly completed and returned to the Clerk on or before
November 20, 2017. If you do not do so, your case will be dismissed without
IT IS SO ORDERED this 20th day of October, 2017.
UNITED STATES MAGISTRATE JUDGE
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