Slaikeu v. Anderson et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
JONATHAN SLAIKEU,
Plaintiff,
v.
JAMES MILBURN, Superintendent,
et al.,
Defendants.
Case No. 3:22-cv-00196-JMK
STANDING ORDER FOR CIVIL RIGHTS CASES
FILED BY SELF-REPRESENTED PRISONERS
The Clerk has received filings from self-represented prisoner Jonathan
Slaikeu that have been docketed and assigned a case number in the Case
Management/Electronic 	Case 	Files 	(CM/ECF) 	system, 	as 	set 	forth 	above.
Docketed items are the official court record. As required by federal law, the Court
will review the filing and issue a Screening Order that will indicate whether this
case may proceed in the federal district court. Please note: It can take anywhere
from a few weeks to a few months for the Court to issue a Screening Order,
depending on how many cases are filed with the Court at any given time.
Typically, cases are reviewed in the order in which they are received by the
Court.
This order is intended to provide general information about civil litigation to
self-represented prisoners. It is not a substitute for legal advice from an attorney.
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While the Court may act with leniency towards a self-represented litigant, attorneys
and 	self-represented 	litigants 	are 	expected 	to 	follow 	the 	same 	rules 	and
procedures.1 Until a Screening Order has been issued, the Court discourages the
filing of any motions or additional documents with the court. 	The Court cautions
that filing unnecessary motions or other documents or attempts to serve other
parties without guidance from the Court, may result in the summary denial of
motions, orders prohibiting such filings, or delay in the litigation.
Under the Prison Litigation Reform Act, the Court is required to screen
complaints brought by prisoners seeking relief against a governmental entity or
officer or employee of a governmental entity, even if the filing fee has been paid.
Under 28 U.S.C. §§ 1915, 1915A (the screening laws), a complaint must be
dismissed if the action is:
- 	frivolous or malicious;
- 	fails to state a claim on which relief may be granted; or
- 	seeks monetary relief from a defendant who is immune from such relief.
If the Court finds your filing deficient, the Court may provide a statement of
the deficiencies and guidance on to how to fix them and give you an opportunity to
file an amended complaint. However, if the Court finds that the deficiencies cannot
be fixed, the Court may dismiss the case without any further notice to you, or it
1 Motoyama v. Hawaii, Dept. of Transp., 864 F. Supp. 2d 965, 976 (2012); see also King v. Atiyeh,
814 F.2d 565, 567 (9th Cir. 1987), overruled on other grounds by Lacey v. Maricopa Cty., 693 F.3d
896 (9th Cir. 2012) (establishing self-represented litigants are bound by the same procedural rules
as represented parties).
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may give you an opportunity to voluntarily withdraw your complaint.2 Please note,
federal law3 requires that self-represented prisoners receive a “strike” if the case
is dismissed “as frivolous or malicious or for failure to state a claim upon which
relief may be granted.”4 Prisoners who receive three or more strikes cannot bring
any other actions without prepaying the full filing fee unless the prisoner can
demonstrate that he or she is in “imminent danger of serious physical injury.”5
If the Court finds that plausible claims exist in the complaint, then the case
can proceed to the next stage of litigation. 	The Court will then issue an Order
Directing Service and Response that will explain the requirements of completing
service of a Court-issued summons and copy of the complaint on each opposing
party. The complaint must not be served on any opposing party until the Court so
orders. 	All service must be completed in compliance with Rule 4 of the Federal
Rules of Civil Procedure.
IT IS THEREFORE ORDERED:
2 Hartmann v. California Dep’t of Corr. & Rehab., 707 F.3d 1114, 1130 (9th Cir. 2013) (“A district
court may deny leave to amend when amendment would be futile.”).
3 28 U.S.C.A. § 1915(g).
4 A voluntary dismissal does not count as a “strike” under 28 U.S.C. § 1915(g).
5 28 U.S.C. § 1915(g). 	See also Lomax v. Ortiz-Marquez, et al. 590 U.S. ___, 140 S. Ct. 172
(2020) (holding that regardless of whether the dismissal is with prejudice or without prejudice, the
dismissal of a prisoner’s civil lawsuit, for failure to state a claim, counts as a strike under the
PLRA’s three-strikes rule for IFP status).
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1. 	Self-represented litigants are expected to review and comply with the
Federal Rules of Civil Procedure, the Local Civil Rules, and all court Orders.6
Failure to do so may result in the imposition of sanctions authorized by law,
including dismissal of this action.
2. 	Self-represented litigants must be ready to diligently pursue the case
to completion. Missing a deadline or otherwise failing to pursue a case may result
in the dismissal of this action.
3. 	At all times, all parties shall keep the Court informed of any change of
address or phone number. 	Such notice shall be titled “Notice of Change of
Address.” The Notice shall contain only information about the change of address,
and its effective date.7 	The Notice shall not include requests for any other relief.
A Notice of Change of Address form, PS23, may be obtained from the Clerk of
Court, if needed. If a plaintiff fails to keep a current address on file with the Court,
that may result in a dismissal of the case without further notice.
4. 	If Plaintiff is released while this case remains pending and the filing
fee has not been paid in full, Plaintiff must, within 30 days of his release, either
(1) pay the unpaid balance of his filing fee or (2) file a Non-Prisoner Application to
6 Federal 	Rules 	of 	Civil 	Procedure: 	https://www.uscourts.gov/rules-policies/current-rules-
practice-procedure/federal-rules-civil-procedure; Court’s Local Rules: https://www.akd.uscourts.
gov/court-info/local-rules-and-orders/local-rules.
7 See Local Civil Rule 11.1(b) (requiring a notice of change of address to be filed, as “[s]elf-
represented parties must keep the court and other parties advised of the party’s current address
and telephone number.”).
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Waive the Filing Fee (Form PS11).8 	Failure to comply may result in dismissal of
this action.
5. 	When the Court receives a filing from a self-represented litigant, the
Clerk’s Office will mail to you a Notice of Electronic Filing (“NEF”) that indicates
when the document was filed and the docket number of the document in the
electronic case file for the case.
6. 	All litigants are responsible for keeping copies of everything filed with
the Court. 	As a courtesy, the Clerk’s Office will keep original filings from Self-
represented litigants, including exhibits, for 180 days from the date the document
was filed. 	However, litigants should not send important original documents or
documents that cannot be replaced to the Court. 	If an original must be returned,
a Motion for Return of Document should be filed as soon as possible.
7. 	Copies of documents filed with the Court may be obtained from the
Clerk’s Office for 50 cents per page. Litigants and members of the public may also
print information from the Court’s docket using the public computer terminal
located in the Clerk’s Office for 10 cents per page. 	In the event of special
circumstances or serious financial need, a litigant may file a motion asking for the
copying costs to be waived or reduced. 	Litigants may also set up an account for
8 The Court’s template forms are available upon request from the Clerk’s office and on the Court’s
website at https://www.akd.uscourts.gov/forms.
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online access to electronic records through the Public Access to Court Electronic
Records (PACER) service.
8. 	All case-related inquiries should be directed to the Clerk’s Office. It is
not permissible to write, telephone, or otherwise try to directly communicate with
the judge assigned to your case. You may contact the Clerk’s Office for questions
regarding Court procedures or assistance accessing legal forms and resources.
Please note that Clerk’s Office staff are prohibited by law from providing legal
advice.
9. 	The Clerk of Court is directed to send the District Court’s handbook,
“REPRESENTING YOURSELF IN ALASKA’S FEDERAL COURT” with this order.
DATED this 7th day of August, 2023, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
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