IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

J.B., a minor child, by and through *

his next friend, ADDIE WARD, on *

behalf of himself and all others *

similarly situated; *

*

Plaintiff, *

vs. * CASE NO:02:06cv755-MHT

*

*

WALTER WOOD, in his individual *

capacity, *

*

Defendant. *

J.B., a minor child, by and through *

his next friend, ADDIE WARD, on *

behalf of himself and all others *

similarly situated; *

*

Plaintiff, *

vs. * CASE NO:02:06cv908-MEF

*

*

WALTER WOOD, in his individual *

capacity, *

*

Defendant. *

MOTION TO CLARIFY AND DESIGNATE APPLICATION OF

MOTION FOR CLASS CERTIFICATION AND CORRECTION OF

SCRIVENERS ERROR

COMES NOW the plaintiff, by and through counsel, and hereby requests the court allow

the correction of scriveners error and in support thereof states as follows:

1. The plaintiff initially filed his complaint alleging facts occurring in 2005. Case

Case 2:06-cv-00755-MHT-CSC Document 25 Filed 03/22/2007 Page 1 of 3
No:2:06cv755-MHT. The complaint was filed while plaintiff was a resident of a Department of

Youth Services Program.

2. After release from the DYS program, plaintiff filed a subsequent lawsuit, Case No:

2:06cv908-MHT, alleging facts occurring in 2006.

3. Pursuant to plaintiff’s motion to consolidate, the Court consolidated the cases in its

order of November 1, 2006, (Document 7 in 02:06cv908-MHT), and designated civil action

number 2:06-cv-755-MHT as the lead case.

4. That during the events that necessitated the request for a two day extension for the

filing of plaintiff’s motion for class certification and brief, plaintiff’s counsel, R. Drummond,

failed to catch the error in the caption of the motion and brief, being case number 02:06cv755

instead of 02:06cv908 solely. Although the facts set forth in the Brief are limited to 02:06cv908

facts, the caption does not so designate.

5. Plaintiff intended to and does limit the class certification request to case 02:06cv908 in

order to eliminate any potential issues regarding the application of the Prison Litigation Reform

Act. (“PLRA”) While plaintiff does not believe the PLRA has application to Case No.

02:06cv755-MHT, to eliminate the diversion of resources, time and effort, the plaintiff limits the

motion for class certification to Case No. 02:06cv908. Because plaintiff was not an individual

subject to the PLRA at the time of the filing of Case No. 02:06cv908, there are no issues to be

raised or litigated pursuant to the PLRA.

WHEREFORE THE PREMISES CONSIDERED, the plaintiff requests the Court direct

the application of the Motion for Class Certification and supporting Brief to Case No. 02-

06cv908-MHT solely.

Case 2:06-cv-00755-MHT-CSC Document 25 Filed 03/22/2007 Page 2 of 3
Submitted on this the 22nd day of March, 2007.

s//Robert D. Drummond, Jr.

Robert D. Drummond, Jr. (DRU004)

Attorney for the Plaintiff

ASB-4619-O78R

323 De La Mare Ave.

Fairhope, AL 36532

251-990-6249

fax:251-650-1264

robertdrummond@bellsouth.net

s//Michael J. Crow

Michael J. Crow (CRO039)

Attorney for the Plaintiff

BEASLEY. ALLEN, CROW,

METHVIN, PORTIS &MILES

P.O. 4160

Montgomery, AL 36103-4160

334-269-2343

CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of March, 2007, the foregoing was electronically

filed with the Clerk of this Court thereby providing notice to counsel for the defendant, T.

Dudley Perry, Esq.

s//Robert D. Drummond, Jr.

Case 2:06-cv-00755-MHT-CSC Document 25 Filed 03/22/2007 Page 3 of 3