Grant/Rakim v. Kelley et al
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. The Clerk is directed to also send a copy of this Order to the ADC Offices and to the Warden, Varner SuperMax Unit, P.O. Box 400, Grady, Ar 71644. Signed by Magistrate Judge Beth Deere on 1/8/14. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASE NO. 5:14-CV-00003 BSM/BD
WENDY KELLEY, 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. There are rules and procedures that you must follow in order to proceed with
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:
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
You must sign all pleadings and other papers filed with the court,
and each paper you file must include your current address.
If any communication from the Court to a pro se plaintiff is not
responded to within thirty (30) days, the case may be dismissed,
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 to proceed in
forma pauperis (“IFP”). You have filed an application to proceed IFP and
submitted all necessary documents. Your IFP motion (docket entry #1),
therefore, is GRANTED. You will still pay the entire $350.00 filing fee, but the
fee will be collected in monthly installments from your prison account.
Based on balances in your prison trust account, the Court will not assess any part
of the fee at this time, but money will be withdrawn from your prison account in
monthly installments until the$350.00 is fully paid, even if the lawsuit is dismissed
Third: 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 will be appointed to assist you before
Fourth: 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
Fifth: 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.
Sixth: 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.
The Court notes that, because of your litigation history, you cannot proceed in
forma pauperis in federal court absent an allegation that you are in imminent danger of
serious physical injury. Here, you have pleaded sufficient facts to allege imminent danger
of serious injury if you are not treated with medication. Thus, your motion to proceed in
forma pauperis has been granted.
The Clerk of the Court is directed to send a copy of this Order to the Arkansas
Department of Correction Trust Fund Centralized Banking Office, P.O. Box 8908, Pine
Bluff, Arkansas 71611, the Arkansas Department of Correction Compliance Division,
P.O. Box 20550, Pine Bluff, Arkansas 71612, and the Warden of the Varner Supermax
Unit, Post Office Box 400, Grady, Arkansas 71644.
IT IS SO ORDERED, this 8th day of January, 2014.
UNITED STATES MAGISTRATE JUDGE
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