Local Rule D.C.COLO.LCivR 8.1: PRO SE PARTY, IN FORMA PAUPERIS PARTY, AND PRISONER PLEADINGS

D.C.COLO.LCivR 8.1 PRO SE PARTY, IN FORMA PAUPERIS PARTY, AND PRISONER PLEADINGS

(a) Review of Pro Se and In Forma Pauperis Party Pleadings. A judicial officer designated by the Chief Judge shall review the pleadings of a pro se party or a party who is allowed to proceed without prepayment of filing fees to determine whether the pleadings should be dismissed summarily. The designated judicial officer may use the assistance of the Pro Se Division in making the determination. A judicial officer may request additional facts or documentary evidence necessary to make this determination. The time for filing an answer or response shall be tolled until the designated judicial officer determines that the pleadings should not be dismissed summarily at which time the judicial officer shall issue an order directing service of the order and the pleadings on the defendant(s) or respondent(s). A party who seeks leave to proceed without prepayment of filing fees shall use the procedures, forms, and instructions available on the court's website or from the office of the clerk.

(b) Review of Prisoner Pleadings. A judicial officer designated by the Chief Judge shall review the pleadings of a prisoner (whether represented by counsel or not) to determine whether the pleadings should be dismissed summarily if the prisoner is:

(1) challenging conditions of confinement;

(2) seeking redress from a governmental entity, officer, or employee; or

(3) asserting claims pertinent to his or her conviction or sentence, except in death penalty cases.

A judicial officer may request additional facts or documentary evidence necessary to make this determination.

(c) Assignment. If an action is not dismissed summarily, the action shall be assigned to a district judge and/or a magistrate judge under D.C.COLO.LCivR 40.1. A judicial officer to whom the action is assigned may order issuance of a summons.