Hamilton v. McFadden et al
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS directing the Clerk of Court to enclose an IFP application along with a copy of this order; and directing Plaintiff to return a completed IFP application, including an accompanying affidavit and jail account information sheet, or pay the $402.00 filing and administrative fees within 30 days of the date of this order. Signed by Magistrate Judge Patricia S. Harris on 9/15/2022. (ldb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KEVIN L. HAMILTON
McFADDEN, et al.
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.1 There are rules and procedures that you must follow in order to proceed
with your lawsuit, even though you are not a lawyer.
IT IS THEREFORE ORDERED THAT:
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. 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 shall
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
Although your complaint lists multiple plaintiffs, a separate civil rights lawsuit
was initiated on behalf of each plaintiff. The cases are not consolidated. A plaintiff may
not assert claims on behalf of his fellow inmates. See Martin v. Sargent, 780 F.2d 1334,
1337 (8th Cir. 1985) (“A prisoner cannot bring claims on behalf of other prisoners.”).
not responded to within thirty (30) days, the case may be dismissed
without prejudice. Any party proceeding pro se shall be expected to be
familiar with and follow the Federal Rules of Civil Procedure.
Second: Pay the Filing Fee. Every civil case filed by a prisoner – including
this one – 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, to apply for leave
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 prisoner account.
Importantly, the entire filing fee will be collected, even if your lawsuit is dismissed.
You did not file an IFP application. 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 the $402.00 filing and administrative fees within 30
days of the date of this order. Otherwise, the lawsuit will be dismissed.
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 “John/Jane Doe” defendants. Any defendant who is not served within 90
days can be dismissed, without prejudice, from the lawsuit. If you are proceeding
IFP, the Court will order service of process on the defendants if it determines that
service is appropriate after screening your complaint as required by 28 U.S.C. §
1915A and/or 28 U.S.C. § 1915(e). However, it is your responsibility to identify
defendants, including “Doe” defendants, and to provide valid service addresses for
defendants. 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 jury trial, however, a lawyer may be appointed to assist you before
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 complaint.
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 a hearing or trial,
as your hearing or trial date approaches, you will be asked to provide a witness list.
After reviewing the witness list, the Court will make efforts to ensure the attendance
of all appropriate witnesses.
IT IS SO ORDERED this 15th day of September, 2022.
UNITED STATES MAGISTRATE JUDGE
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