Roker v. Nexstar Media Group, Inc.

Background

Damond Julian Roker, who is incarcerated at Northwest Correctional Complex in Tiptonville, Tennessee, filed this action without a lawyer. He alleges that Nexstar Media Group, Inc. and WREG-TV/News Channel 3 unlawfully infringed his copyrighted material. The amended complaint is the operative pleading. The court had allowed Roker to proceed without prepaying filing fees.

Service of the defendants

Because Roker was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the documents needed for service to the Marshals Service.

The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Roker should request an extension of time. The court also directed Roker to notify it in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Request for counsel

Roker moved for the court to request a volunteer lawyer. In evaluating such a request, courts consider the apparent merits of the case, the person’s efforts to obtain a lawyer, and the person’s ability to investigate and present the case without assistance. The court denied Roker’s motion without prejudice to renewal later because the case was too early for the court to assess its merits.

Disposition

The Clerk was directed to issue summonses, prepare the service forms, send the service materials to the Marshals Service, and mail Roker an information package. The court denied Roker’s motion for the court to request counsel without prejudice to renewal at a later date.