SAMUEL ALBA, Magistrate Judge
Plaintiff, Henry J. Suarez, an inmate at the Purgatory Correctional Facility, filed a pro se civil rights complaint under 42 U.S.C. § 1983. See 42 U.S.C.A. § 1983 (West Supp. 2003). The Court dismissed Plaintiff's amended complaint with prejudice under 28 U.S.C. § 1915 (e)(2). See 28 id. § 1915(e) (2). On appeal, the Tenth Circuit held that Plaintiff's religious discrimination claim should not have been dismissed with prejudice; nevertheless, the appeals court concluded that the dismissal would stand if Plaintiff had access to the Federal Rules of Civil Procedure but did not file a post-judgment motion for relief under Rule 59(e) or 60(b). Therefore, the Tenth Circuit remanded the religious discrimination claim to the district court "for a hearing and to make findings regarding whether Suarez had access to the Federal Rules of Civil Procedure, and specifically Rules 59 and 60."
The Court concludes that a special report, similar to a Martinez report, would best facilitate the efficient resolution of this matter. The Court is aware that the Utah Board of Pardons and Parole is not technically a party to this suit because it has not yet been served; however, the Court must have additional information to resolve this matter in accordance with the mandate from the Tenth Circuit. If the needed information cannot be obtained by means of a special report the Court may be forced to vacate its order dismissing Plaintiff's complaint and order service of process upon Defendant so that the information can be obtained.
In Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978), the Tenth Circuit approved the practice of the district court to order the prison administration to prepare a report to be included in the pleadings in cases where a prisoner has filed suit alleging a constitutional violation.
Accordingly, IT IS HEREBY ORDERED that the Utah Board of Pardons and Parole shall, within thirty days, file a special report addressing whether Plaintiff had access to the Federal Rules of Civil Procedure, and specifically Rules 59 and 60; so that his failure to file post-judgment motions in this case should not be excused. Plaintiff shall also, within thirty days, submit a brief with supporting affidavits addressing the same issue.