Opinion
1:21-cv-00725-JHR
08-05-2021
JOHN F. WARD, Plaintiff, v. BEVERLY E. SIDES, et al., Defendants.
MEMORANDUM OPINION AND ORDER REGARDING COMPLAINT
THIS MATTER comes before the Court on Plaintiff's Notice of Intent Pursuant to Rule 7 of the Federal Rules of [Civil] Procedure, Doc. 1, filed August 3, 2021 ("Notice").
Plaintiff "seeks Federal supbeona [sic] Duces tecums to obtain proof of claims against Defendants, of theft of property, forgery of Plaintiff[']s name on dispursment [sic] of insurance settlement funds obtained by attorney firm of Price, Glover and Hayes; Tuscaloosa Alabama as a result of Plaintiff[']s father Max B. Ward[']s death in auto accident." Notice at 1.
"A subpoena must issue from the court where the action is pending." Fed.R.Civ.P. 45(a)(2). The Court cannot issue a subpoena because Plaintiff has not filed a complaint. See Fed.R.Civ.P. 3 ("A civil action is commenced by filing a complaint with the court").
IT IS ORDERED that Plaintiff may, within 21 days of entry of this Order, file a complaint. Failure to timely file a complaint may result in dismissal of this case.