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.,
                Appellants

         v.

Ronald W. Reagan, et al.,
                Appellees.

ORDER

It appearing that this new case has been filed and docketed, it is

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 be necessary)

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.

Attachments:

1. Memorandum concerning request for appointment of counsel. (Appellant only)
2. Notice concerning time requirements for pro se litigants. (Appellant only)

For the Court

Constance L. Dupre
Clerk

By: John T.
Deputy Clerk

Order 86-8


UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT
WASHINGTON. D. C. 20001-2866

CONSTANCE L. DUPRE
CLERK

GENERAL INFORMATION
(202) 535-3300

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 provides:

"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. "

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.

CONSTANCE L. DUPRE
CLERK

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.

(May, 1986)