IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MICHAEL D. ANDERSON, #156270, )

)

 Plaintiff, )

)

v. ) CASE NO. 2:06-CV-620-WKW

)

PAUL WHALEY, et al., )

)

 Defendants. )

 

ORDER

A 42 U.S.C. § 1983 action has been filed by a person incarcerated in an institution of

the State of Alabama alleging a violation of civil rights with respect to his custody

classification. Specifically, the plaintiff complains that defendant Whaley submitted false

and erroneous information in an affidavit and that such information is being utilized to

determine his custody classification. ("The plaintiff never demanded to go to work release,

never car jacked or shot the victim in the finger [or] threatened them with a knife." Plaintiff's

Complaint at 4. Anderson also challenges Whaley's characterization of him as a social"'

predator'" and the assertion "that the plaintiff is still dangerous and poses a significant threat

to society, and has demonstrated that he has no intention to change . . ." Id.). The plaintiff

further asserts that defendant Whaley took adverse actions against him because of his race.

The Magistrate Judge has reviewed the complaint and determined that this pleading cannot

be properly and effectively processed by the court without further additional information

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from the defendant. Accordingly, it is hereby 

ORDERED that:

1. Defendants Whaley, Slatton and Coleman undertake a review of the subject matter

of the complaint (a) to ascertain the relevant facts and circumstances; (b) to consider whether

any action should be taken by prison officials to resolve the subject matter of the complaint;

and (c) to determine whether other similar complaints, whether pending in this court or

elsewhere, should be considered together.

2. A written report be filed with the court and a copy served upon the plaintiff within

forty (40) days of the date of this order. This report must contain the sworn statements

of all persons having personal knowledge of the subject matter of the complaint. In

such statements, the affiants shall explicitly address the plaintiff's claims that (i) false

information was utilized in the classification process, and (ii) his classification level is

based on race. All defenses including immunity defenses must be set forth in the written

report or such defenses may be waived. Authorization is hereby granted to interview all

witnesses, including the plaintiff. Whenever relevant, copies of medical and/or psychiatric

records shall be attached to the written report. Where the plaintiff's claim or the defendant's

defenses relate to or involve the application of administrative rules, regulations or guidelines,

the written report shall include copies of all such applicable administrative rules, regulations

or guidelines. In addressing the claims presented by the plaintiff, the defendant shall

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furnish copies of all documents, records and regulations relevant to the plaintiff’s

claims for relief. 

3. An answer be filed within forty (40) days of the date of this order.

4. No motion for summary judgment, motion to dismiss or any other dispositive

motions addressed to the complaint be filed by any party without permission of the court.

If any pleading denominated as a motion for summary judgment, motion to dismiss or other

dispositive motion is sent to the court, the court shall not file or otherwise treat the pleading

as a dispositive motion until and unless further order of the court.

5. NOTICE TO PLAINTIFF.

(a) The Federal Rules of Civil Procedure require that the plaintiff mail to

counsel for the defendants or, if no attorney has appeared on behalf of the defendants, the

defendants, a true copy of anything which he sends to the court. Failure to do so may result

in dismissal of this case or other penalties. Anything filed should contain a certificate of

service which specifically states that the pleading has been sent to counsel for the defendants.

If the pleading does not contain a certificate of service, it will not be accepted for filing. 

(b) With the exception of the complaint and any response ordered by the court,

“[n]o other pleading shall be allowed” in this cause of action. Rule 7(a), Federal Rules of

Civil Procedure. 

(c) Each pleading, motion or other application submitted to the court shall

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contain "a caption setting forth the name of the court, title of the action, the file number, and

a designation[,]" Rule10(a), Federal Rules of Civil Procedure, and must be signed by the

plaintiff. Rule 11(a), Federal Rules of Civil Procedure.

(d) Every application which requests an order or particular action by the court

“shall be [presented] by motion which, unless made during a hearing or trial, shall be made

in writing." Rule 7(b)(1), Federal Rules of Civil Procedure. The application "shall set forth

with particularity the grounds" for the motion and "the relief or order sought.” Id.

Additionally, the request or application for relief must contain a proper caption setting forth

a title designation which specifically states the action that the applicant or movant wants the

court to undertake. Rules 7(b)(2) and 10(a), Federal Rules of Civil Procedure. Any

application or request which fails to comply with the directives of the civil rules as outlined

in this order will not be accepted by the court for filing. 

The plaintiff is hereby advised that the court will consider only those requests

presented in an appropriate motion which is in the proper form. Consequently, any

application for relief or request for action must be contained in the title of the motion to

warrant consideration by the court.

(e) All amendments to a complaint must be labeled with the words

"amendment to complaint" or similar language. Except as permitted by Rule 15(a), Federal

Rules of Civil Procedure, no amendment to a complaint will be accepted by the court for

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filing unless accompanied by a motion for leave to amend. 

(f) All amendments to the complaint and/or motions to amend must be

filed within ninety (90) days of the date of this order and the allegations contained

therein must relate to the facts made the basis of the instant complaint. Proposed

amendments or motions to amend filed after this date will be considered untimely. Any such

amendments or motions which contain claims unrelated to the claims presented in the

original complaint will not be considered by the court. 

(g) Plaintiff is informed that this case will proceed as quickly as possible and

that he will be informed of all action the court takes.

(h) If plaintiff moves to a different institution or is released, he must

immediately inform the court and the defendant of his new address. In so doing, the plaintiff

shall style this notification as a “Notice of Change of Address” and provide a copy of this

notice to the defendant. 

(i) It is the responsibility of the plaintiff to furnish the clerk's office with

accurate addresses for the defendant(s) whom plaintiff wishes to serve. Without accurate

addresses, service of process is impossible. It is also the responsibility of the plaintiff to

monitor this case to make sure that the persons whom plaintiff wishes to sue have been

served. If a person has not been served, he/she is not a party to this lawsuit except in very

unusual circumstances.

The plaintiff is specifically CAUTIONED that his failure to file motions, pleadings

or other papers in conformity with the Federal Rules of Civil Procedure and/or the directives

contained in this order will result in such documents not being accepted for filing. The

CLERK is DIRECTED to not accept for filing any pleadings, motions or other applications

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submitted by the plaintiff which are not in compliance with either the Federal Rules of Civil

Procedure or the directives contained in this order.

The CLERK is hereby DIRECTED to furnish a copy of this order to the plaintiff and

a copy of this order together with a copy of the complaint to Paul Whaley, Mike Slatton and

A. Coleman, General Counsel for the Alabama Department of Corrections, and the Attorney

General for the State of Alabama. 

Done this 20th day of July, 2006.

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

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