N P v. Williams

Filing 23

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 12/27/12. (KGE, )

FILED
2012 Dec-27 AM 08:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
N.P., by and through his
therapeutic foster parent,
advocate, and next friend,
L.S.,
Plaintiff,
v.
THE MIDFIELD CITY BOARD OF
EDUCATION,
Defendant.

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CIVIL ACTION NO.
11-AR-3463-S

MEMORANDUM OPINION
The submission order entered by the court on December 3, 2012,
provided that plaintiff respond to defendant’s motion for summary
judgment on or before 4:30 p.m., December 26, 2012. Although Louis
Simmons, who is apparently the “L.S.” named in the above-entitled
case as “therapeutic foster parent, advocate, and next friend” of
N.P., wrote a long letter to the undersigned judge, the letter does
not comply with the Federal Rules of Civil Procedure. Accordingly,
although the letter and its attachments cause the court to express
its sympathy for both L.S. and N.P., the court has instructed the
Clerk not to file the non-complying letter, which, if it had been
filed, would not affect the outcome.

The letter does not even

reflect that counsel for defendant was sent a copy.
For

the

reasons

outlined

in

defendant’s

motion

and

accompanying materials, and because the court is convinced that
L.S. has no standing to represent N.P., defendant’s motion for

summary judgment will be granted, except that the dismissal will be
without prejudice.
A order effectuating this opinion will be separately entered.
DONE this 27th day of December, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE