United States Court of Appeals
For the District of Columbia Circuit
No. 91-5304 September Term, 1991
FILED SEP 30 1991
CA No. 88-0310 COURT OF APPEALS
FOR THE DISTRICT
OF COLUMBIA CIRCUIT
CONSTANCE L DUPRE, Clerk
Mary Huddle, et al.,
Ronald W. Reagan, et al.,
It appearing that this new case has been filed and docketed,
ORDERED that appellant(s) shall submit an original and
one copy (unless otherwise noted) of the following documents on
or before 10/30/91:
1. Docketing Statement and Appearance Form
2. Copy of the Decision of the District Court
3. Statement of the Issues to be Raised on Appeal
4. Certificate of Counsel (Gen.R. ll(a)(l))
5. A Report certifying that all necessary transcripts,
if any, have been ordered, including the date when the transcript
was ordered and a statement that satisfactory financial arrangements
have been made with the Reporter. A copy of the Report shall be
served on each Reporter.
6. Any procedural motions. (Original and four copies will
It is FURTHER ORDERED that should appellant file a request
for appointment of counsel within 15 days of the date of this
order, the above schedule will be suspended pending action by
the Court upon the request. Appellant, however, is not relieved
of the obligation to file timely responses to any motion filed
by appellee, and motions (including motions to dismiss) may be
granted by the court before, after, or simultaneously with disposition
of the motion to appoint counsel. If no request for appointment
of counsel is filed, appellant will be expected to comply with
the foregoing schedule.
It is FURTHER ORDERED that appellee(s) shall also submit
a Certificate of Counsel pursuant to Gen.R. ll(a)(l), and an Entry
of Appearance Form, and any procedural motions (original and four
copies) on or before 10/30/91 .
It is FURTHER ORDERED that the parties shall file an original
and four copies of dispositive motions, if any, on or before 11/14/91
. See Gen.R. (7)(i). The fill of the record on appeal and briefing
are deferred pending further order.
1. Memorandum concerning request for appointment of counsel.
2. Notice concerning time requirements for pro se litigants.
For the Court
Constance L. Dupre
By: John T.
UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT
WASHINGTON. D. C. 20001-2866
CONSTANCE L. DUPRE
MEMORANDUM CONCERNING APPOINTMENT OF COUNSEL
The procedures concerning cases in which a party has been
permitted to proceed on appeal in forma pauperis are described
in Title 28, United States Code, Section 1915(d). That section
Since you are proceeding in this action in forma pauperis,
you may address a letter to this Court requesting the Court to
appoint counsel to represent you. Although the Court ordinarily
will not appoint counsel, it will give consideration to your request.
However, in the event the Court, in considering your request for
appointment of counsel, should determine that your appeal is without
merit, you should be aware that the Court may not only deny your
motion, but also sue sponte (on the Court's own motion) issue
an order to show cause why your appeal should not be dismissed.
If a motion is filed by another party before the court rules on
your motion for appointment of counsel, you must file any response
to that motion within the time period required by the rules.
If you elect to avail yourself of the opportunity to request
the Court to appoint an attorney for you, your request must be
received in the Clerk's Office within fifteen (15) days from the
date of the attached order setting the initial schedule. Otherwise,
the Court will assume that you plan to file the required documents
on or before the date set in the order.
"The Court may request an attorney to represent any such
person unable to employ counsel and may dismiss the case if the
allegation of poverty is untrue, or if satisfied that the action
is frivolous or malicious. "
CONSTANCE L. DUPRE
UNITED STATES COURTHOUSE
333 CONSTITUTION AVENUE. N.W.
UNITED STATES COURT OF APPEAL
DISTRICT OF COLUMBIA CIRCUIT
WASHINGTON. D. C. 20001
N O T I C E
The records of this Court indicate you are litigating this
appeal in a pro se capacity. That is, you are not represented
by an attorney and will be personally preparing papers for submission
to the Court
Decisions of the Supreme Court of the United States and
of this Court have held that individuals representing themselves
who are not attorneys are entitled to have their pleadings viewed
in a less restrictive manner than pleadings submitted by attorneys.
Accordingly, you will be allowed to present your case in your
own written words without strict adherence to technical requirements,
as is expected of attorneys.
However, in one regard, you will be strictly held to the
requirements of the Federal Rules of Appellate Procedure and the
General Rules of this Court, as if you were an attorney. This
is in the area of the timeliness of your filings. For example,
your brief must be filed on the date established by the scheduling
order to be issued by the Court. Another example is in responding
to a motion filed by the party opposing you. You have seven days
within which to respond to a motion (ten days if it was served
upon you by mail). You will be expected to adhere to these time
requirements and all others in the previously mentioned rules.
If any submission of yours is not made in a timely manner it will
not be filed. However, if you feel you have good reason for not
adhering to the time requirements you may submit your pleading
along with a second filing entitled Motion For Leave To File Out
Of Time. In this second filing you should set forth your reasons
for not having met the time requirements and request the Court
to file your pleading nevertheless. You should be aware, however,
that these motions are not routinely granted, but are read and
evaluated on an individual case-by-case basis.