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govinfo:USCOURTS-akd-3_23-cv-00124-0

U.S. District Court for the District of Alaska · 2023-08-07

· GavelSight synced 2026-09-06 03:50:55

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF ALASKA 
KALEB LEE BASEY, 
Plaintiff, 
v. 
KYLE FREDERICK REARDON, in 
his official capacity, et al., 
Defendants. 
 
 
Case No. 3:23-cv-00124-JMK 
 
STANDING ORDER FOR CIVIL RIGHTS CASES  
FILED BY SELF-REPRESENTED PRISONERS 
 
The Clerk has received filings from self- represented prisoner Kaleb Lee 
Basey 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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Case No. 3:23-cv-00124-JMK 
Standing Order for Self-Represented Prisoners 
Page 2 of 6 
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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Case No. 3:23-cv-00124-JMK 
Standing Order for Self-Represented Prisoners 
Page 3 of 6 
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 prepay ing 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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Case No. 3:23-cv-00124-JMK 
Standing Order for Self-Represented Prisoners 
Page 4 of 6 
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; C ourt ’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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Case No. 3:23-cv-00124-JMK 
Standing Order for Self-Represented Prisoners 
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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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Case No. 3:23-cv-00124-JMK 
Standing Order for Self-Represented Prisoners 
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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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