Opinion
Case No. CV04-102-S-LMB
April 2, 2004
ORDER
In an apparent response to the Court's Initial Review Order dated May 16, 2004 (Docket No. 7), Plaintiff sent the Court a letter dated March 20, 2004 stating that he does not know the names of any of the individual defendants involved in allegedly attacking him, or the jail personnel who allegedly ignored his report of threats. He now asserts in this letter, contrary to his allegation in Section E, p. 5 of his Complaint, that he has exhausted his remedies by filing a "complaint of threat" and "tort claims" with the Court. If Plaintiff did not attempt, however, to resolve his claim with Defendants in the manner prescribed by the jail administrative system and procedures, he has not yet exhausted his administrative remedies, and his case may be subject to dismissal. In other words, after Plaintiff was allegedly attacked and injured, he had a responsibility to try to resolve the claims arising therefrom directly with defendants pursuant to the County administrative system procedures. If, prior to the injury, Plaintiff notified defendants that another inmate bad threatened to injure him, that is not sufficient to exhaust administrative remedies as to his claims presented in this action.
The Court will allow Plaintiff an additional thirty (30) days in which to investigate to obtain names of individuals involved and advise the Court by May 7, 2004 whether he has decided to proceed with his case and risk dismissal for failure to exhaust administrative remedies, assuming Defendants so request after being served, or to voluntarily dismiss his case. If Plaintiff chooses to proceed against the County after concluding an investigation and exhausting his administrative remedies pursuant to the Ada County administrative grievance system and procedures, he must file an amended complaint asserting that a County policy or custom was in place which violated his alleged civil rights and then advise the Court of the result of his attempt to determine the names of the individuals.
Plaintiff may not hereafter submit any further letters requesting that the Court take any action. All such future requests must be in the form of a motion.
ORDER
NOW THEREFORE IT TS HEREBY ORDERED mat Plaintiff shall file an Amended Complaint or a Notice of Voluntary Dismissal by May 7, 2004.
Further, copies of all pleadings, motions, letters and documents in the file shall be provided to the Ada County Jail in order that it may be aware of these proceedings and provide the materials to its legal counsel. At this time, by the Court providing this material is simply a courtesy copy of the file provided to the County in order that it be aware of Plaintiff having filed a Complaint, and is not intended to be formal service of process. Accordingly, Ada County is not required to answer or appear, but providing this information and material is simply for the purpose of giving notice of these proceedings.