IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

JAMES PETTY, #124252, )

)

 Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06-CV-639-WKW

)

RAY B. FINEDORE, et al., )

)

 Defendants. )

O R D E R

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. 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 from the defendants.

Accordingly, it is hereby 

ORDERED that:

1. The defendants named in the complaint 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.

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2. A written report be filed with the court containing the sworn statements of

all persons having knowledge of the subject matter of the complaint. This report shall

be filed with the court and a copy served upon the plaintiff within forty (40) days of the date

of this order. 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 defendants'

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

defendants shall 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.

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5. NOTICE TO PLAINTIFF.

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

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

defendants themselves 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 the lawyer

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

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.

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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 failsto 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" orsimilar 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

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. 

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(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 defendants 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 defendants. 

(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 submitted by the plaintiff which are not in compliance with either the Federal

Rules of Civil Procedure or the directives contained in this order.

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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 the defendants and the General

Counsel for the Alabama Board of Pardons and Paroles. 

Done this 20 day of July, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

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