IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

 ______________________________

MARVIN KURT NATION, #141 669 *

Plaintiff, *

v. * 2:06-CV-693-ID

WILLIE AMBERS, 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. 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 Defendants. 

Accordingly, it is hereby ORDERED that:

1. Defendants Ambers, Nagle, and Robbins undertake a review of the subject matter

of the complaint (a) to ascertain the 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. An answer and written report shall be filed with the court and a copy served upon

Case 2:06-cv-00693-ID-TFM Document 6 Filed 09/07/2006 Page 1 of 6
2

Plaintiff within forty (40) days of the filing date of this order. The written report must

contain the sworn statements of all persons having personal knowledge of the subject

matter of the complaint. In cases involving medical treatment claims, Defendant(s)

shall provide an affidavit from a named defendant or other health care professional

which (i) contains a detailed explanation of the treatment provided to the plaintiff, and

(ii) interprets the information contained in the medical records relevant to the claims

presented in the complaint. 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 Plaintiff. Whenever relevant, copies of medical and/or

psychiatric records shall be attached to the written report. Where Plaintiff's claim or

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 Plaintiff,

Defendant shall furnish copies of all documents, records and regulations relevant to

Plaintiff’s claims for relief.

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

motions addressed to the amended 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

Case 2:06-cv-00693-ID-TFM Document 6 Filed 09/07/2006 Page 2 of 6
3

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

4. NOTICE TO PLAINTIFF

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

lawyer for Defendants or, if no attorney has appeared on behalf of Defendants, 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 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.

Case 2:06-cv-00693-ID-TFM Document 6 Filed 09/07/2006 Page 3 of 6
4

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. 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 and shall contain claims or facts which relate to the

original complaint. 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. Any 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. 

Case 2:06-cv-00693-ID-TFM Document 6 Filed 09/07/2006 Page 4 of 6
(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, Plaintiff

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

notice to Defendants. Failure to comply with this requirement will result in a

Recommendation that this case be dismissed; 

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

addresses for the defendant(s) whom he wishes to serve. Without accurate addresses, service

of process is impossible. It is also the responsibility of Plaintiff to monitor this case to make

sure that the persons whom he 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.

(j) 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 of Court IS DIRECTED to not accept for filing any pleadings, motions or

other applications submitted by Plaintiff which are not in compliance with either the Federal

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

 The CLERK of Court IS DIRECTED to furnish a copy of this order to Plaintiff and

a copy of this order together with a copy of the complaint and all attachments to Defendants

Case 2:06-cv-00693-ID-TFM Document 6 Filed 09/07/2006 Page 5 of 6
Ambers, Nagle, and Robbins, to the General Counsel for the Alabama Department of

Corrections, to the Attorney General for the State of Alabama, and to counsel for Prison

Health Services, Inc. 

Done, this 7th day of September 2006.

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00693-ID-TFM Document 6 Filed 09/07/2006 Page 6 of 6