Some tips for Plaintiff pro se when filing a new complaint
The Federal District Courts follow the Federal Rules of Civil Procedure (FRCP) (a code of rules and regulations governing civil litigations nationwide—found by googling) and the Local Rules (a more detailed code of rules and procedures further governing a particular district within which each U.S. District Court has jurisdiction—found within each District Court website). Each District Court has it own Local Rules, but in general it is similar to other District’s Local Rules.
A new Complaint must be filed with US District Court in the District where the alleged discrimination occurred, where the federal agency (where you worked/applied or against which your are suing) is located.
Each US District Court may have the complaint form, a template you can use. Check its website.
A new complaint against a federal government agency (on discrimination, for instance) must be file at the federal district court within 90 days of the receipt of Final Agency Decision (FAD) or of receipt of Report of Investigation (from Agency’s EEO HQ) with a notice of right to request EEOC hearing or to file a civil action complaint.
For judicial review of MSPB Final Decision (on EEO components only in your appeal), you must file within 30 days of receipt.
For judicial review of MSPB Final Decision (on non EEO components in your appeal), you must file with US Circuit (Appellate) Court within 60 days of MSPB Final Decision.
Warning: If you request Appellate Court review of EEO components as well as non-EEO components in your MSPB appeal, the Appellate Court will dismiss your request and defer it to US District Court, which has jurisdiction to review only the EEO components.
A new civil action Complaint can be served to US District Court by any mail carriers such as FedEx, UPS, or US Priority or Certified Mail.
A new Complaint is served only to the Court (for court stamping and docketing) with the Court fee of $405 in check or money order payable to the US District Court for the District where it is located.
When a new Complaint is served to the Court, it should accompany Civil Cover Sheet (JS 44- found by googling).
Plaintiff pro se can serve his or her complaint and (three copies of) summons to the Court for court stamping for date and docket number. But you cannot serve your own Complaint and the (signed and sealed) summons to the Defendant and to his or her attorneys. Anyone older than 17 can serve to the Defendant and his or her attorneys. (See below on how to the Complaint and the Summons).
The signed and sealed Summons may be uploaded (by the court staff) to the Court’s electronic Case File (ECF) system (online), mailed to you, or given to you (if you are filing in person at the Court).
You can download the signed and sealed summons from the Court’s ECF.
To be able to view and download your court files online via ECF, you must open an account with Public Access of Court Electronic Records (PACER.gov) for a small annual fee. With PACER account, anyone can look up any federal court cases online.
To be able to file pleadings via ECF, however, most federal District Courts require that you obtain a permission to do so. How to request Court’s permission to be able to submit pleadings via ECF. Attorneys are automatically allowed to file pleadings via ECF.
The signed and sealed Summons must be served within 90 days of the Court receiving your new Complaint - the Complaint file date.
The signed and sealed Summons must be served by U.S. Certified Mail only together with Complaint, not by any other carrier such as FedEx, UPS, or US Priority Mail.
The signed and sealed Summons must be served to the following three individuals: (1) Head of the federal agency you are suing in the civil action (FRCP 4(i)(2)), (2) US Attorney General (in Washington DC) (FRCP 4(i)(1)(B)), (3) US Attorney within the federal district where the Court is located (FRCP 4(i)(1)(A)). Both US Attorney General and US Attorney for the District within which the Court resides are the legal representatives of the defendant, if the defendant is a federal agency.
See samples of unsigned Summons (3 different copies) for one and the same Complaint.
See samples of signed and sealed Summons (3 different copies) for one and the same Complaint.
Plaintiff pro se cannot serve his or her own Complaint and the (signed and sealed) Summons (to the defendant and to defendant’s attorneys). Any other adult 18 year old or order can serve on behalf of Plaintiff pro se — by US Certified Mail only.
When the signed and sealed Summons are served to the defendant, to US attorney general, and to US attorney in the District; they must accompany the Complaint (dated and court stamped with docket number).
Defendant, if it is federal Agency, must file an Answer (to the Complaint) within 60 days of service.
Got to Store for samples of civil action Complaints fired at the US District Courts.
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Disclaimer
Mr. Lee is not an attorney but can represent clients in federal administrative processes, including EEOC hearings and MSPB hearings.
Mr. Lee does not practice law and cannot provide attorney-client privileged protection. However, as any union shop steward can, Mr. Lee can represent federal employees at any administrative proceeding including those referenced above.
Mr. Lee cannot and does not represent clients at court proceedings such as federal District Courts.
Any information provided herein are offered at reader’s own risk. EEO 21, LLC, or Mr. Lee take no responsibility for any claims made herein that are not accurate or for any misrepresentation contained therein. EEO 21, LLC, or Mr. Lee does not provide any legal advice in any of these pages in this website.