IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

 NORTHERN DIVISION

_________________________________

FREDERICK ROSS, #85881 *

Plaintiff, *

 v. * 2:06-CV-771-ID

 

SHERIFF D.T. MARSHALL, et al., *

Defendants. * 

 __________________________________

ORDER

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

rights during his confinement in the Montgomery County Detention Facility. 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. Defendants Allen and Marshall 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 having knowledge of the subject matter of the complaint. This report shall be filed

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with the court and a copy served upon Plaintiff within forty (40) days of the date of this

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 all witnesses,

including the 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. 

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 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

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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.

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

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warrant consideration by the court.

(e) All amendments to a complaint must be labeled with the words

"amendment to complaint" or similar language. 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. Proposed

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. Failure to comply with

this requirement will result in the dismissal of this case. 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 Plaintiff wishes to serve. Without accurate addresses,

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

to make sure that the persons whom Plainitff 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.

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 is DIRECTED to not accept for filing any pleadings, motions or other applications

submitted by the plaintiff which are not in compliance with either the Federal Rules of Civil

Procedure or the directives contained in this order.

The CLERK is hereby 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 the General

Counsel for the Alabama Department of Corrections, to the Attorney General for the State

of Alabama, and to Defendants Marshall and Allen.

DONE, this 11th day of September, 2006.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

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