Pacheco v. Wilkes County Courthouse et al
ORDER OF INSTRUCTIONS. Signed by Clerk Frank G. Johns on 1/18/2023 (Pro se litigant served by US Mail.)(tlj)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
Case No. 5:22-cv-00190-MR
Elijah Esaias Pacheco ,
Wilkes County Courthouse et al,
ORDER OF INSTRUCTIONS
Plaintiff is a pro se prisoner who has filed a civil rights suit and is therefore advised of
several essential requirements of proceeding in this Court pursuant to Standing Order 3:19-mc-54FDW. It is hereby
ORDERED AND AJUDGED as follows:
It is Plaintiff’s responsibility to become familiar with the applicable rules and
procedures, including the Federal Rules of Civil Procedure and this Court’s Local Rules, which
are available on its website, http://www.ncwd.uscourts.gov/.
A prisoner who brings a civil action is required to pay the full filing fee, even if
he/she has been permitted to proceed in forma pauperis without having to prepay the fee. In forma
pauperis status does not mean that the fee is forgiven. In the event that the prisoner is unable to
pay the full filing fee at the time the action is filed, the Court is required to assess an initial partial
filing fee and, after that is made, the prison at which the prisoner is incarcerated is required to
forward to the Clerk’s office monthly payments of 20% of the preceding month’s income credited
to his account until the full filing fee is paid. These payments will be automatically withdrawn
from the prisoner’s trust account and will be forwarded to the Clerk of Court. The filing fee is due
Case 5:22-cv-00190-MR Document 5 Filed 01/18/23 Page 1 of 3
the moment that a complaint or notice of appeal is filed; the full filing fee will be assessed
regardless of how the matter is disposed of including by voluntary dismissal. In addition, a prisoner
litigant may be barred from proceeding in forma pauperis under the “three strikes”1 rule and/or as
a sanction for abusive or vexatious filings.
It’s Plaintiffs’ responsibility to keep the Court advised of his/her current address at
all times. A change of address must be labeled “Notice of Change of Address” and must not include
any motions or information except for the new address and the effective date of the change. The
Court does not know if the Plaintiff is transferred, released, or placed on probation, etc., unless a
Notice of Change of Address is filed. If the Plaintiff’s address changes and no Notice is promptly
filed with the Clerk of Court, this case may be dismissed for lack of prosecution.
All documents filed in the case must include the case number at the top of the first
page. Plaintiff must send the original document to the Clerk of Court, and a copy to each of the
parties. No original document should be sent directly to a Judge. Only documents properly filed
with the Clerk of Court will be docketed in this case.
Letters sent to the Clerk of Court or Judge will not be answered. Only Motions will
be ruled on by the Court.
Plaintiff and his/her family and friends must not call any Judge’s office for any
reason. No information about the case can be obtained from the Judge’s office. Brief questions
about case status may be directed to the Clerk of Court, however, no Court employee can provide
legal advice to any litigant.
It is Plaintiff’s responsibility to actively pursue his/her case, obtain any essential
discovery in compliance with the applicable rules and procedure, file necessary pleadings and
motions, comply with Court orders, refrain from making frivolous or duplicative filings, and
See 28 U.S.C. § 1915(g).
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expeditiously prepare the case for trial. See, e.g., LCvR 26.1 (“Official Court-ordered and
enforceable discovery does not commence until issuance of the scheduling order.”); LCvR 26.2
(“The parties shall not file any initial disclosures, designations of expert witnesses and their
reports, discovery requests or responses thereto, deposition transcripts, or other discovery material
unless: (1) directed to do so by the Court; (2) such materials are necessary for use in an in-court
proceeding; or (3) such materials are filed in support of, or in opposition to, a motion or petition.”);
Fed. R. Civ. P. 26(b)(2)(C) (“On motion or on its own, the court must limit the frequency or extent
of discovery otherwise allowed by these rules or by local rule if it determines that: (i) the discovery
sought is unreasonably cumulative or duplicative, or can be obtained from some other source that
is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had
ample opportunity to obtain the information by discovery in the action; (iii) the proposed discovery
is outside the scope permitted by Rule 26(b)(1).”).
Premature, misdirected, or otherwise improper filings will not be permitted. See
generally Dietz v. Bouldin, 136 S.Ct. 1885, 1892 (2016) (“district courts have the inherent
authority to manage their dockets and courtrooms with a view toward the efficient and expedient
resolution of case.”).
Failure to comply with this or any other Court Order and/or applicable rules may
result in sanctions up to and including dismissal of this action.
The Clerk of Court is hereby instructed not to issue any summonses or subpoenas
in this case until specifically ordered by the Court.
IT IS SO ORDERED.
Frank G. Johns
Clerk of Court
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