IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

 NORTHERN DIVISION

 _______________________________

JAMES G. HUFFMAN *

Plaintiff, *

v. * 2:06-CV-748-MEF

 (WO)

SOUTHERN HEALTH SERVICES, et al., *

Defendants. *

 _______________________________

O R D E R

A 42 U.S.C. § 1983 action has been filed by an inmate alleging a violation of

civil rights during his confinement in the Autauga County Metro Jail. The

Magistrate Judge has reviewed the complaint and determined that this pleading

cannot be properly and effectively processed by the court without additional

information from Defendants. 

Accordingly, it is hereby ORDERED that:

1. Defendants 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

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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. The written report must contain

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

matter of the complaint. This report shall be filed with the court and a copy served

upon Plaintiff within forty (40) days of the date of this order. 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 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.

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3. Defendants shall identify Plaintiff’s status during his incarceration in the

county jail, i.e. whether he was a pre-trial detainee or convicted prisoner, at the time

of the actions which form the basis for the instant complaint.

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

5. 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 pleading as a dispositive motion

until and unless further order of the court.

6. 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

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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. 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.

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 (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. 

(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

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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 Southern Health Partners, Sheriff Herbie Johnson, Lt. Larry Nixon,

and Doctor Nicholson.

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Done this 30 day of August 2006. th

/s/ Vanzetta Penn McPherson

VANZETTA PENN MCPHERSON

UNITED STATES MAGISTRATE JUDGE

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