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In re Standing of Instructions Regarding Pro Se Prisoner Civil Rights Cases
United States District Court, W.D. North Carolina, Charlotte Division
April 2, 2019
IN RE STANDING ORDER OF INSTRUCTIONS REGARDING PRO SE PRISONER CIVIL RIGHTS S
STANDING ORDER
Frank
D. Whitney, Chief U.S. District Judge.
Plaintiffs
who are pro se prisoners filing a civil rights suit
are advised of several essential requirements of proceeding
in this Court. It is hereby
ORDERED
AND AJUDGED as follows:
1. 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/.
2. 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automatically withdrawn from the prisoner's trust account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 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.
3. It's Plaintiff's 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.
4. 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.
5. Letters sent to the Clerk of Court or Judge will not be
answered. Only Motions will be ruled on by the Court.
6. 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.
7. 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 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).").
8. 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.").
9. 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.
10. The Clerk of Court is hereby instructed not to issue any
summonses or subpoenas in this case until specifically
ordered by the Court.
IT
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