IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION

GEORGE D. McCARLEY, )

)

Plaintiff, )

)

v. ) 3:06-CV-00663-MHT

)

CITY OF ROANOKE, a Municipal Corporation, et al., )

)

Defendants. )

ORDER SETTING HEARING FOR

PRE-SERVICE REVIEW OF COMPLAINT

For good cause, it is

ORDERED that the pro se plaintiff, George D. McCarley, appear at 3:00 p.m. on August

31, 2006, in District Court 4A, for a hearing pursuant to 28 U.S.C. § 1915(e), made necessary

because a preliminary review of the Complaint discloses deficiencies with respect to, inter alia, (1)

the basis of a cognizable cause of action against each named defendant;(2) Plaintiff’s requested class

certification; and (3) persons being sued who may be immune from suit.

Plaintiff shall be prepared to discuss his claims and evidentiary support sufficiently for the

court to decide if he should be given an opportunity to file an amended complaint. Plaintiff’s

attendance at this hearing is mandatory, and failure to attend shall result in a recommendation

that this action be dismissed.

The Plaintiff is advised:

1. The privilege of filing a federal court lawsuit without prepayment of filing fees

properly acknowledges a “right of access to courts” which is constitutionally secured for all

American citizens. The privilege is subject, however, to valid and reasonable limitations

designed not only to conserve limited judicial resources but also to prevent abuse by unlearned

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laymen who may be tempted to seize the privilege as a license for limitless or mis-guided forays into

federal court with bootless claims and grievances unresolved in other forums or for which there

simply is no remedy. Frivolous or malicious lawsuits duties against any defendants – corporate,

public, institutional, or individual – automatically result in inconveniences, burdens, and costs,

associated with defense even to the extent of securing dismissal from the action. 

2. Rule 8(a), Federal Rules of Civil Procedure, requires a plaintiff to provide “a short

and plain statement of the claim showing that he is entitled to relief.” Thus, the Complaint must

include a concise statement of the acts or omissions– as well as pertinent dates and places for any

relevant occurrences– of each named defendant who is alleged to have violated any federal

constitutional or statutory rights, together with a concise summary of the manner in which the named

defendant accomplished the alleged violations.

3. Pro se litigants permitted to file a federal court lawsuit without prepayment of filing

fees are subject to 28 U.S.C.§ 1915(e)(2), which authorizes dismissal of the case at any time if the

court determines (A) that the allegation of poverty is untrue, or (B) that the action ( i ) is frivolous

or malicious; (ii) fails to state a claim on which relief may be granted; or (iii)seeks monetary relief

against a defendant who is immune from such relief.

4. Pro se litigants are also bound to honor Rule 11 of the Federal Rules of Civil

Procedure, which provides in pertinent part at Rule 11(b):

By presenting to the court (whether by signing, filing, submitting, or later advocating) a

pleading, written motion, or other paper, an attorney or unrepresented party is certifying that

to the best of the person's knowledge, information, and belief, formed after an inquiry

reasonable under the circumstances,--

(1) it is not being presented for any improper purpose, such as to harass or to cause

unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law

or by a nonfrivolous argument for the extension, modification, or reversal of existing law or

the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically

so identified, are likely to have evidentiary support after a reasonable opportunity for further

investigation or discovery.

A plaintiff may incur a substantial penalty for non-compliance with this rule by filing a

federal court lawsuit without first conducting “an inquiry reasonable under the circumstances” in

order to inform his “knowledge, information, and belief” about the merits of the lawsuit. Rule

11(c)(2) provides:

A sanction imposed for violation of this rule shall be limited to what is sufficient to

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deter repetition of such conduct or comparable conduct by others similarly situated.

Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of,

or include, directives of a nonmonetary nature, an order to pay a penalty into court,

or, if imposed on motion and warranted for effective deterrence, an order directing

payment to the movant of some or all of the reasonable attorneys’ fees and other

expenses incurred as a direct result of the violation.

5. Pro se plaintiffs in civil actions are not entitled to appointment of counsel for legal

representation, and this court has no available funds or authorization to make any such

appointments. This court cannot and will not act as counsel for the Plaintiff. Plaintiff is

encouraged to seek consultations – which may be available without cost – with competent lawyers

about the merits of this action, and he is directed to the Alabama State Bar and to the Montgomery

County Bar Association for any assistance needed in locating such lawyers.

It is further ORDERED that a court reporter be made available for this pre-service review.

Done this 31 day of July, 2006. st

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

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