Erwin v. Paragould Arkansas, City of et al

Filing 15

INITIAL ORDER FOR PRO SE PLAINTIFFS. Signed by Judge D. P. Marshall Jr. on 8/20/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DAVID ERWIN

PLAINTIFF

v.

No. 3:18-cv-73-DPM

ANTHONY GAINES, Deputy, Greene
County Sheriff's Department

DEFENDANT

INITIAL ORDER FOR PRO SE PLAINTIFFS
You filed this lawsuit in federal court without a lawyer's help.
Now that the Court has ordered service on Anthony Gaines, there are
rules and procedures that you must follow as this case moves forward.
These rules apply even though you are not a lawyer.
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.

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
case goes to a jury trial, though, the Court will appoint a lawyer to help
you before trial.
3.

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).
4.

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.
5.

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.
-2-

After reviewing the witness list, the Court will subpoena necessary
witnesses for you.
So Ordered.
D.P. Marshall Jr:
United States District Judge

-3-