1

This section provides that “[n]o action shall be brought with respect to prison conditions under section

1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility

until such administrative remedies as are available are exhausted.” The medical defendants assert that the plaintiff

has failed to pursue the administrative remedies available to him at the Bullock County Correctional Facility with

respect to the claims presented in the instant complaint. Defendants’ Supplemental Special Report - Court Doc.

No. 31 at 3-5. Specifically, the defendants assert that “Cameron has not submitted an Inmate Formal Grievance

Form or an Inmate Grievance Appeal Form. As such, the healthcare unit at Bullock County Correctional Facility

has not been afforded the opportunity to resolve Mr. Cameron’s medical complaints prior to [his] filing suit.” Id.

at 5. 

 IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

JIMMY FRANK CAMERON, #105591, )

)

 Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06-CV-1115-MHT

)

RICHARD ALLEN, et al., )

)

 Defendants. )

O R D E R

The Magistrate Judge has reviewed the written reports and supporting evidentiary

materials filed by the defendants and determined that the plaintiff should file a response

addressing each of the arguments and defenses contained in these reports. In filing his

response, the plaintiff shall specifically address:

1. The medical defendants’ argument that he has failed to exhaust his available

administrative remedies as required by 42 U.S.C. § 1997e(a) of the Prison Litigation Reform

Act (“PLRA”).1 Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 1825 n.6 (2001)

(“Congress has provided in § 1997(e)(a) that an inmate must exhaust irrespective of the

forms of relief sought and offered through administrative remedies.”); Porter v. Nussle, 534

Case 3:06-cv-00715-MHT-TFM Document 28 Filed 03/16/2007 Page 1 of 4
2

U.S. 516, 532 (2002) (“[T]he PLRA's exhaustion requirement applies to all inmate suits

about prison life, whether they involve general circumstances or particular episodes, and

whether they allege excessive force or some other wrong.”); Woodford v. Ngo, ___ U.S. ___,

126 S.Ct. 2378, 2387 (2006) (“[T]he PLRA exhaustion requirement requires proper

exhaustion.”). “Proper exhaustion demands compliance with an agency’s deadlines and other

critical procedural rules [as a precondition to filing suit in federal court] because no

adjudicative system can function effectively without imposing some orderly structure on the

courts of its proceedings.... Construing § 1997e(a) to require proper exhaustion ... fits with

the general scheme of the PLRA, whereas [a contrary] interpretation [allowing an inmate to

bring suit in federal court once administrative remedies are no longer available] would turn

that provision into a largely useless appendage.” Id. at 2386.

2. Defendant Allen’s assertion that the complaint fails to establish that this defendant in any

way acted in violation of his constitutional rights. 

Accordingly, it is

ORDERED that on or before April 2, 2007 the plaintiff shall file a response to the

defendants' written reports. If the plaintiff fails to file a response as required by this

order, the court will treat the plaintiff's failure to respond as an abandonment of the

claims set forth in the complaint and as a failure to prosecute this action. Moreover,

the plaintiff is specifically cautioned that if he fails to file a response in compliance with

the directives of this order the undersigned will recommend that this case be dismissed

Case 3:06-cv-00715-MHT-TFM Document 28 Filed 03/16/2007 Page 2 of 4
 2

Thus, in preparing a response to the special reports filed by the defendants the plaintiff should refer to

the requirements of Rule 56, Federal Rules of Civil Procedure.

 3An affidavit is a sworn statement in writing made under oath or on affirmation before a notary public

or other authorized officer. The affidavit must be made on personal knowledge, set forth such facts as would be

admissible in evidence, and show affirmatively that the affiant is competent to testify to the matters stated in the

affidavit.

 4If the plaintiff is unable to present, by affidavit, facts essential to justify his opposition to

the defendants' reports, then plaintiff must file a sworn statement as to why he or she is unable to

do so.

3

for such failure. In addition, if the plaintiff fails to respond to the written reports with

respect to each of the claims raised in his complaint, the court will treat this failure as

an abandonment of these claims and shall proceed as justice requires.

As indicated herein, at some time in the future the court may treat the defendants'

reports and the plaintiff's response(s) as a dispositive motion and response.2

 Thus, in filing

a response to the defendants' reports the plaintiff should not rely only on his or her unsworn

pleadings but should respond by filing sworn affidavits,3

 or other evidentiary materials

developed through discovery or other appropriate means and which set forth specific facts

demonstrating there is a genuine issue of material fact for trial in this case. Failure to file

sworn affidavits or other evidentiary materials may result in this court accepting the

defendants’ evidence as the truth.4

 If documents are referred to in the opposing affidavits and

have not been previously filed with the court, sworn or certified copies of those papers must

be attached to the affidavits or served with them. 

Case 3:06-cv-00715-MHT-TFM Document 28 Filed 03/16/2007 Page 3 of 4
4

The parties are hereby notified that, unless within ten (10) days from the date of this

order a party files a response in opposition which presents sufficient legal cause why such

action should not be undertaken, upon the expiration of the time for the plaintiff to file a

response as allowed by this order, the court may at any time thereafter and without further

notice to the parties (1) treat the special reports and any supporting evidentiary materials as

a motion for summary judgment and (2) after considering any response as allowed by this

order, rule on the motion for summary judgment in accordance with the law. 

Failure to follow the requirements of this order about the proper way to respond to the

defendants' reports may result in a recommendation of the Magistrate Judge that final

judgment be entered in favor of the defendants without there being an evidentiary hearing.

The plaintiff is advised that if he asserts compliance with the medical provider’s

administrative procedures he must submit relevant evidentiary materials in support of this

assertion showing that he has complied with each step of the grievance procedure. His

mere conclusory allegation of exhaustion will be insufficient to defeat the defendants'

argument. 

Done this 16th day of March, 2007.

 /s/ Terry F. Moorer 

TERRY F. MOORER 

UNITED STATES MAGISTRATE JUDGE

Case 3:06-cv-00715-MHT-TFM Document 28 Filed 03/16/2007 Page 4 of 4


**SAMPLE NOTICE FORMAT**

Note: When E-Filing this pleading, please enter a separate docket entry. The event entry is located on

CM/ECF by clicking: CIVIL > OTHER DOCUMENTS > CORPORATE DISCLOSURE STATEMENT

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

________________________ DIVISION

_________________________________, )

)

Plaintiff, )

)

v. ) CASE NO. __________________

)

_________________________________, )

)

Defendants, )

CORPORATE/CONFLICT DISCLOSURE STATEMENT

In accordance with the order of this Court, the undersigned party or parties to the

above-captioned matter do hereby make the following disclosure concerning parent

companies, subsidiaries, affiliates, partnership, joint ventures, debtor, creditors’ committee,

or other entities reportable under the provisions of the Middle District of Alabama’s General

Order No. 3047:

There are no entities to be reported.

- or -

The following entities are hereby reported:

____________________________________________________

____________________________________________________

____________________________________________________

 Signature 

 Date Counsel

 

Counsel for (print names of all parties)

 

Address, City, State Zip Code

 

Telephone Number

***Certificate of Service Required

Case 3:06-cv-00715-MHT-TFM Document 28-2 Filed 03/16/2007 Page 3 of 3