IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

BERTHA ALLEN, #134004, )

)

 Plaintiff, )

)

v. ) CIVIL ACTION NO. 3:06-CV-772-WHAT

)

TALLAPOOSA COUNTY JAIL STAFF, et al., )

)

 Defendants. )

O R D E R

NOTICE TO PARTIES: THIS ORDER IS SUBSTANTIALLY REVISED.

PLEASE READ CAREFULLY.

A42 U.S.C. § 1983 action has been filed by a person incarcerated in an institution of the State

of Alabama alleging violations of her civil rights during her confinement at the Tallapoosa County

Jail. 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 individual defendants named in the complaint 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. A written report be filed with the court containing the sworn statements of all persons

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having knowledge of the subject matter of the complaint. Thisreport shall be filed with the court and

a copy served upon the plaintiff within forty (40) days ofthe date ofthis 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 allwitnesses, 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. 

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 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.

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 she 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. 

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(b) With the exception ofthe 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 inwriting." 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. 

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 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

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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. 

(g) Plaintiff is informed that this case will proceed as quickly as possible and that she

will be informed of all action the court takes.

(h) If plaintiff moves to a different institution or is released, she must

immediately inform the court and the defendants of her 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 her 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 applicationssubmitted by the plaintiff which are not

in compliance with either the Federal Rules of Civil Procedure or the directives contained in this

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order.

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 defendants Abbett, Sherrer, Jennings, Cowart,

Guthrie, Nail and Shaddix. 

Done this 30 day of August, 2006. th

/s/ Delores R. Boyd

UNITED STATES MAGISTRATE JUDGE

 

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