LOCAL CIVIL RULE 3 - COMMENCEMENT OF ACTION
LR3.1 Collateral Proceedings and Refiled Cases
LR3.1.1E Assignment of Collateral Proceedings and Refiled Cases
LR3.2W
Suits filed by Unrepresented Prisoners under the Civil Rights Act and for Writs of
Habeas Corpus
LR3.1 Collateral Proceedings and Refiled Cases
Whenever a civil matter, commenced in or removed to the court, involves subject matter that
either comprises all or a material part of the subject matter or operative facts of another action,
whether civil or criminal, then pending before this or another court or an administrative agency,
or previously dismissed or decided by this court, counsel shall append on a separate sheet of
paper, to the front of the complaint, a list and description of all such actions then known to
counsel and a brief summary of the relationship. If information concerning any such action or
proceeding is obtained subsequent to the filing of the original pleading in the latter case, it shall
be the duty of counsel obtaining such information to notify the court and opposing counsel in
writing of the information so received in the same manner.
LR3.1.1E & M Assignment of Collateral Proceedings and Refiled Cases
In order to promote judicial economy and conserve judicial resources, and to avoid the potential
for forum shopping and conflicting court rulings, all actions described in LR3.1 shall be
transferred to the section to which the matter having the lowest docket number has been allotted,
unless the two judges involved determine that some other procedure is in the interest of justice.
If the transferee or transferor judges cannot agree upon whether a case should be transferred, the
opinion of the transferee judge prevails.
If counsel fails to make the certification described in LR3.1 , then the allotted judge shall take this action when he or she learns of the related nature of the proceedings. [Amended June 28, 2002]
LR3.2W Suits filed by Unrepresented Prisoners under the Civil Rights Act or Bivens or for Writs of Habeas Corpus
Original Complaint
Every complaint filed by a prisoner who is not represented by an attorney (i.e., who is proceeding "pro se") complaining of violation of their constitutional rights (including state prisoners and federal prisoners) or for writ of habeas corpus filed under 28 U.S.C. §2241 and 28 U.S.C. §2254 shall be typed or legibly written on forms supplied by the Court and signed by the prisoner. The prisoner shall follow the instructions provided with the forms and complete the forms using only one side of the page. After completely filling out the Court-approved form, the prisoner may attach additional pages containing additional information. In cases asserting constitutional claims, however, no more than five typewritten or ten legible handwritten pages may be attached to the form. The pages shall be written or typed on one side of the page only and shall contain numbered paragraphs which correspond to the numbered paragraphs on the form. Complaints that do not comply with this rule and which are not corrected after notice may be stricken by the court.
Amendments
A prisoner may file an amendment to a complaint or habeas petition only one time without first obtaining leave of court. The amendment may be stated on the forms for original complaints supplied by court if clearly labeled as an amendment. If the form is not used, the amendment shall not exceed five typewritten or ten legible handwritten pages. The pages shall be written or typed on one side of the page only and shall contain numbered paragraphs which correspond to the paragraph numbers on the original complaint form. A motion for leave to file a second or subsequent amendment must be accompanied by the proposed amendment.
Separate Complaints
Each pro se prisoner shall file a separate complaint or petition except where multiple prisoners are asserting the same claims arising out of the same facts.
In forma Pauperis
A prisoner who is unable to pay the filing fee and service costs may petition the Court on forms supplied by the Court to proceed in forma pauperis. The court, after notice, may strike all complaints that are not accompanied by either a filing fee or a proper in forma pauperis form.
Consent to Magistrate Judge Jurisdiction: Election Forms
The election regarding consent to magistrate judge jurisdiction required by LR73.2W shall be attached to the petition at the time it is filed.
[Amended November 12, 1999 and December 3, 2004]