Smelley v. ACT, Inc. (MAG+)

Filing 4

MEMORANDUM OPINION AND ORDER; Before filing the various motions in this case, Smelley must properly commence the civil action by filing a proper complaint in accordance with the Federal Rules of Civil Procedure and any applicable local rules. Smelley shall file a proper complaint by no later than July 29, 2011. Failure to do so may result in the dismissal of her claims for want of prosecution. Signed by Honorable Judge Mark E. Fuller on 7/25/2011. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SHERRI SMELLEY,
PLAINTIFF,
v.
ACT, INC.,
DEFENDANT.

)
)
)
)
)
)
)
)
)

CASE NO.: 2:11-cv-587-MEF
(WO-Do Not Publish)

MEMORANDUM OPINION AND ORDER
On July 21, 2011, Sherri Smelley (“Smelley”), a pro se litigant,1 filed several motions
in this Court. Smelley filed a Motion for Temporary Injunction, Motion for Permanent
Injunction, and Motion for Declaratory Judgment (Doc. # 1) and an Application to Proceed
in District Court without Prepaying Fees or Costs (Doc. # 3). Along with this documents,
Smelley also filed a Civil Cover Sheet and a Memorandum in support of her request for
declaratory and injunctive relief which included argument and evidentiary submissions.
Smelley argues that she is entitled to the relief requested because ACT, Inc. violated the
Americans with Disabilities Act (“the ADA”), 42 U.S.C. § 12102, et seq. by denying her
requests for certain accommodations relating to the conditions under which she would take
the MPRE. Smelley did not file a Complaint along with her other submissions to the Court.

1

Although appearing without representation by licensed counsel, Smelley appears
to currently be a student at a local law school.

A pro se litigant, like Smelley, is “subject to the relevant laws and rules of the court,
including the Federal Rules of Civil Procedure.” Moon v. Newsome, 863 F.2d 835, 837 (11th
Cir. 1989). Federal Rule of Civil Procedure 3 makes it very plain that a “civil action is
commenced by filing a complaint with the court.” Fed. R. Civ. P. 3. The general rules for
stating a claim for relief in a complaint set forth in Federal Rules of Civil Procedure 8 and
9. Federal Rule of Civil Procedure 4 sets forth the specific requirements relating to the
proper service of a summons along with the complaint. Before filing the various motions in
this case, Smelley must properly commence the civil action by filing a proper complaint in
accordance with the Federal Rules of Civil Procedure and any applicable local rules.
Smelley shall file a proper complaint by no later than July 29, 2011. Failure to do so may
result in the dismissal of her claims for want of prosecution.
th

DONE this the 25 day of July, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2