Local Rule LCvR 10: PRO SE CIVIL RIGHTS ACTIONS BY INCARCERATED INDIVIDUALS

LCvR 10 PRO SE CIVIL RIGHTS ACTIONS BY INCARCERATED INDIVIDUALS A. Approved Form Required. All pro se civil rights actions filed in this district by incarcerated individuals shall be submitted on the Court approved form supplied by the Clerk of Court. If the plaintiff does not use the Court approved form, the complaint must substantially follow the form. Any complaint that does not utilize or substantially follow the form, or does not comply with the requirements set forth herein, may be returned to the pro se petitioner with a copy of the court's standardized form, a statement of reasons for its return and a directive that the prisoner resubmit the claims outlined in the original filing in compliance with the Court's requirements.

A properly filed complaint must:

1. be submitted on the required form;

2. identify each defendant in the caption of the complaint; and 3. be signed by the plaintiff;

If additional pages are needed, they must be neatly written or typed, on one side only, of 8½ by 11 inch paper, white in color for scanning purposes and ECF.

B. Responsibilities; Service. All individuals filing pro se civil rights actions assume responsibilities inherent to litigation. Incarcerated individuals are not relieved of these responsibilities. One important obligation is the service of a properly filed complaint. Failure to comply with the requirements set forth herein may render the service of the complaint impossible and subject to dismissal for failure to prosecute.

To effectuate proper service, a plaintiff must provide:

1. an identical copy of the complaint for each named defendant. It is the plaintiff's responsibility, not that of the Clerk of Court or the Court, to submit these copies;

2. a completed United States Marshals 285 Form for each and every defendant named in the complaint. Additional copies of this form are available either through the United States Marshal's Office or the Clerk of Court;

3. a completed Notice of Lawsuit and Waiver of Service of Summons form for each and every defendant named in the complaint who is not an employee, or agency of, the federal government sued in his or her official capacity. Additional copies of this form are available through the Office of the Clerk of Court; and 4. a completed Summons form for each and every defendant that is an employee, or agency of, the federal government, as well as an identical copy of the complaint and a completed summons form for service on the Attorney General of the United States and the United States Attorney for the Western District of Pennsylvania.

C. Timing of Appointment of Counsel. Absent special circumstances, no motions for the appointment of counsel will be granted until after dispositive motions have been resolved.

D. Appeal. The pro se plaintiff shall have thirty (30) days to file an appeal with the Third Circuit Court of Appeals from a final decision of the District Court on a dispositive motion. Where it appears that the papers filed by a prisoner show that he had delivered his notice of appeal to the prison authorities within 30 days after the date of judgment from which the appeal is taken, the time for filing the formal notice of appeal shall be extended for a period not to exceed 30 days beyond the time required by Rule 4 of the Federal Rules of Appellate Procedure.

E. Powers of a Magistrate Judge. Within 21 days of commencement of a civil rights proceeding, the plaintiff shall execute and file a "CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE" form, either consenting to the jurisdiction of the Magistrate Judge or electing to have the case randomly assigned to a District Judge. Respondent shall execute and file within 21 days of its appearance a form either consenting to the jurisdiction of the Magistrate Judge or electing to have the case randomly assigned to a District Judge. If all parties do not consent to Magistrate Judge jurisdiction, a District Judge shall be assigned and the Magistrate Judge shall continue to manage the case consistent with 28 U.S.C. § 636.

The "CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE" form is available on this Court's website (www.pawd.uscourts.gov). If a party elects to have the case assigned to a District Judge, the Magistrate Judge shall continue to manage the case by deciding non-dispositive motions and submitting reports and recommendations on the petition and on dispositive motions, unless otherwise directed by the District Judge.

Comment (June 2008)

With regard to LCvR 10.D, examples of final judgments are Court orders that: 1) grant a motion to dismiss, or a motion for judgment on the pleadings or a motion for summary judgment AND 2) end all claims against all defendants. If a Court order ends fewer than all claims against all defendants, it generally cannot be appealed to the Third Circuit Court of Appeals until there is a subsequent Court order that ends all of the remaining claims against all of the remaining defendants.