Newman v. Brown et al

Filing 5

INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS denying 1 application to proceed IFP; directing the Clerk of the Court to enclose an IFP application along with a copy of this order; directing Plaintiff to return a completed IFP application or pay the $405.00 filing fee within 30 days of this Order; denying 4 motion to appoint counsel; and denying 3 motion for temporary restraining order. Signed by Magistrate Judge Patricia S. Harris on 9/3/2024. (ajj)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHRIS DEVON NEWMAN
ADC #131157
v.

PLAINTIFF

No: 4:24-cv-00742-KGB-PSH

RODNEY BROWN, et al.

DEFENDANTS

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. Additionally, 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
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.
Your application to proceed IFP (Doc. No. 1) is DENIED because it is
incomplete. 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, along with
your certificate and calculation of initial payment of filing fee signed by a prison
official, or pay the $405.00 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
trial. Your motion to appoint counsel (Doc. No. 4) is therefore DENIED.
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 FURTHER ORDERED THAT:
Newman’s affidavit (Doc. No. 3), which has been docketed as a motion for
temporary restraining order, is DENIED. It is not clearly marked as a motion for
injunctive relief and is not accompanied by a separate brief. The Court cannot award
injunctive relief without a proper motion and brief describing sufficient facts to show
that injunctive relief is warranted.1 See Local Rule 7.2(e), Local Rules of the United
States District Court for the Eastern and Western Districts of Arkansas (“Pretrial
motions for temporary restraining orders, motions for preliminary injunctions, and
motions to dismiss, shall not be taken up and considered unless set forth in a separate
pleading accompanied by a separate brief.”).
IT IS SO ORDERED this 3rd day of September, 2024.

UNITED STATES MAGISTRATE JUDGE

1

The granting of injunctive relief is an extraordinary remedy, particularly in a
prison context. See Goff v. Harper, 60 F.3d 518 (8th Cir. 1995). In considering whether
to grant such relief, the Court must consider the following factors: (1) the threat of
irreparable harm to the movant; (2) the state of the balance between this harm and the
injury that granting the injunction will inflict on other parties litigant; (3) the probability
that movant will succeed on the merits; and (4) the public interest. See Dataphase
Systems, Inc. v. CL Systems, Inc., 640 F.2d 109 (8th Cir. 1981). “The burden of proving
that a preliminary injunction should be issued rests entirely with the movant.” Goff, 60
F.3d at 519-521 (citing Modern Computer Systems v. Modern Banking Systems, 871 F.2d
734, 737 (8th Cir. 1989) (en banc)).