Driskill v. Culliver

Carrol Joe Driskill, an inmate in a state penitentiary, appeals the trial court's dismissal of his Rule 27, Ala.R.Civ.P., petition for preaction discovery. Driskill filed his motion to secure discovery concerning a possible civil-rights claim pursuant to 42 U.S.C. § 1983. Although Driskill's petition was captioned as a Rule 27 petition, Grant Culliver, the warden at Holman Prison, filed a Rule 12(b)(6), Ala.R.Civ.P., motion to dismiss. In that motion, Culliver described Driskill's pleading as an actual § 1983 complaint. The trial court granted Culliver's motion to dismiss.

Driskill argues that…