Rodgers v. McDaniel et al

Filing 3

INITIAL ORDER FOR PRO SE PLAINTIFFS. Signed by Judge D. P. Marshall Jr. on 11/13/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DARLENE RODGERS
v.

PLAINTIFF
No. 3:17-cv-291-DPM

TAURA McDANIEL, Attorney Ad Litem;
VAL PRICE, Court Appointed Attorney;
RALPH WILSON, JR., Judge, Second
Judicial Circuit; MIKE GIBSON, Judge;
KATHERINE DEAN, Prosecutor; GRENEDA
JOHNSON, Former DHS Attorney; JEREMY
BLAND, Attorney; BRADLEY LAW FIRM;
DESTERNIE RICHMOND-SULLIVAN,
CASA Association; CHELSEA FIFI, Counsel
at Family Inc Counseling Services; TONYA
JONES, Case Manager/Supervisor;
SYLVIA WARE, Case Worker; OSCEOLA
POLICE DEPARTMENT; STEFANIE
SMITHEY, Principal; and TYLER
DUNEGAN, City Council

DEFENDANTS

INITIAL ORDER FOR PRO SE PLAINTIFFS
You filed this federal civil rights lawsuit without a lawyer's help.
Even though you' re not a lawyer, there are rules and procedures you
must follow in your lawsuit.
1. Follow All Court Rules. You must comply with the Federal
Rules of Civil Procedure and the Local Rules for the Eastern District of
Arkansas.

These

rules

are

available

online

at

http://www.uscourts.gov/rules-policies/ current-rules-practiceprocedure and http://www.are.uscourts.gov/ court-info/local-rulesand-orders/local-rules.

In particular, Local Rule 5.5(c)(2) explains

requirements for plaintiffs who aren't represented by a lawyer.
• If your address changes, you must promptly notify the

Clerk and the other parties in the case. If you don't keep the
Court informed about your current address, your lawsuit
can be dismissed without prejudice.
• You must monitor the progress of your case and prosecute it
diligently.
• You must sign all papers filed with the Court; and each
paper you file must include your current address.
• If the Court issues an Order directing you to do something

by a certain date, and you don't, then your case may be
dismissed without prejudice.
2. Service. To get the case going forward, you must serve all
defendants with the complaint and a summons within 90 days of filing
your case. Fed. R. Civ. P. 4(m). You must prepare summons for each
defendant; the Clerk of Court must issue the summonses that you
prepare.

Any defendant who is not served within 90 days can be

dismissed, without prejudice, from the lawsuit.
3. No Right to Appointed Counsel. This is a civil case. Unlike

in a criminal case, you have no right to an appointed lawyer. If your
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case goes to a jury trial, though, the Court will appoint a lawyer to help
you before trial.
4. Do Not File Your Discovery Requests. Discovery requests -

like interrogatories and requests for documents - should not be filed
with the Court.

Instead, discovery requests should be sent to the

Defendant's lawyer (or directly to the Defendant if he or she isn't
represented by a lawyer).
5. Only Send Documents to the Court in Three Situations. You

may send documents or other evidence to the Court only if (a) they are
attached to a motion for summary judgment, (b) they are attached to
your response to a motion for summary judgment, or (c) the Court
orders you to send documents or other evidence.
6. Provide a Witness List Before Trial. If your case goes to trial,

you'll be asked for a witness list as your trial date approaches. After
reviewing the witness list, the Court will subpoena necessary witnesses
for you.
So Ordered.

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