N P v. Midfield Board of Education, No. 2:2011cv03463 - Document 23 (N.D. Ala. 2012)

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