Gardner v. West

Filing 2

INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS directing the Clerk of Court to send plaintiff an IFP application, along with a copy of this Order; and directing plaintiff to return a completed IFP application or pay the $405 filing fee within 30 days of the date of this Order. Signed by Magistrate Judge Edie R. Ervin on 6/5/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
CHRISOPHER GARDNER
V.

PLAINTIFF

NO. 3:24-cv-95-DPM-ERE

DAVID WEST

DEFENDANT

INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS
You 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 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 prison library.
In particular, Local Rule 5.5(c)(2) explains requirements for plaintiffs, like
you, who are not represented by a lawyer:
1.

2.
3.
4.

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
diligently.
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 requires the
plaintiff to pay a filing fee. 28 U.S.C. § 1915. A $405 filing and administrative 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 (IFP). If you are granted IFP status,
the filing fee is $350, which will be collected in installments from your institutional
account. Importantly, even if your lawsuit is later dismissed, the Court will continue
to collect the filing fee until it has received the full amount of $350 from your
institutional account. Here, you have not filed an IFP application that includes a jail
account information sheet signed by an authorized official.
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 affidavit and jail account information sheet, or pay a $405.00
filing fee within 30 days of the date of this Order. Otherwise, the lawsuit will be
dismissed.
Third: Service of Defendants. It is your responsibility to identify all
Defendants, including any “John/Jane Doe” Defendants. If you are allowed to
proceed IFP, the Court will order service of any claims that survive screening on all
properly identified Defendants. However, you are responsible for providing
sufficient identifying information and valid service addresses for each Defendant.
Any Defendant who is not served within 90 days may be dismissed, without
prejudice, from the lawsuit. Service is not appropriate at this time.
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). See FED. R. CIV. P. 5(d).
Do not mail discovery requests to Defendants’ counsel (or a pro se Defendant) until
that Defendant has filed an answer or motion to dismiss.
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
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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.
IT IS THEREFORE ORDERED THAT:
1.
The Clerk is directed to enclose, along with a copy of this Order, an IFP
application.
2.
Within 30 days of this Order, you must return a completed IFP
application, including an accompanying affidavit and jail account information sheet,
or pay the $405.00 filing fee. If you fail to do so, the lawsuit will be dismissed.
So Ordered 5 June 2024.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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