Ajaj v. United States of America et al

Filing 134

MEMORANDUM AND ORDER, Plaintiff's Motion (Doc. 130 ) for Order Directing the Defendants' Attorney to Serve him with Filings and to Comply is DENIED and Motion (Doc. 131 ) that this Court Not Rely on Defendants' Attorney's Misrepresentation of Factual Allegations and Claims Contained in his Complaint is DENIED. The plaintiff is GRANTED leave to file a response, if any, to defendants objections on or before May 22, 2017. Signed by Judge J. Phil Gilbert on 5/2/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AHMAD M. AJAJ,
Plaintiff,
vs.
UNITED STATES OF AMERICA, et al.,
Defendants.

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Case No. 14-cv-01245-JPG-RJD

MEMORANDUM AND ORDER
This matter comes before the court on the Plaintiff’s Motion (Doc. 130) for Order
Directing the Defendants’ Attorney to Serve him with Filings and to Comply and Motion (Doc.
131) that this Court Not Rely on Defendants’ Attorney’s Misrepresentation of Factual
Allegations and Claims Contained in his Complaint.
According to both motions, plaintiff has failed to receive a copy of the defendant’s
objections (Doc. 126) to Magistrate Judge Daly’s Report & Recommendation (Doc. 115) of
February 22, 2017. Plaintiff is requesting that this Court required the defendants to conform and
comply with Bureau of Prison mailing requirements for legal matters.
Defendants are required to comply with the Federal Rules of Civil Procedures and the
defendants have certified that they mailed a copy of their objections to the plaintiff at the proper
address on March 29, 2017. (Doc. 126). Marking the mail, “Legal Mail to be Opened by Inmate
Only” is not a requirement set out in the Federal Rules of Civil Procedures. Further, this is not
attorney-client confidential correspondence that is required to be opened only by the addressee.
Defendants’ objections are part of the public record in this matter.
With regard to plaintiff’s request that the Court, “not rely on any misrepresentation of his
claims and factual allegations by the defendants’ attorney’s objections to the R & R,” the Court
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is well aware of its duty and considers all the information available within the record – including
the plaintiff’s verified complaint. That the plaintiff’s research, “has revealed numerous cases
that [the Court] failed to so, and that closed the courthouse doors to prisoners” is irrelevant in
this matter. Further, since the plaintiff states that he has not received defendants’ objection, it is
only speculation that the defendants’ objection contains any “misrepresentation.”
The United States has filed a response stating that a second copy of its objections has
been sent to the plaintiff and marked, “Legal Mail-Open Only in the Presence of the Inmate.” As
such, the Court will allow the plaintiff an additional 14 days to file a response, if any, to
defendants’ objections.
Therefore, Plaintiff’s Motion (Doc. 130) for Order Directing the Defendants’ Attorney to
Serve him with Filings and to Comply is DENIED and Motion (Doc. 131) that this Court Not
Rely on Defendants’ Attorney’s Misrepresentation of Factual Allegations and Claims Contained
in his Complaint is DENIED. The plaintiff is GRANTED leave to file a response, if any, to
defendants’ objections on or before May 22, 2017.
IT IS SO ORDERED.
DATED: 5/2/2017
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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