Smith v. Burnette

Filing 2

ORDER AND OPINION dismissing case without prejudice, granting leave to proceed in forma pauperis for the sole purpose of dismissal. Signed by Judge Thomas W. Thrash, Jr on 9/19/08. (dr)

JOSEPH H . SMITH, Plaintiff, V.

FOR THE NORTHERN DISTRICT OF GEORGIA FILED IN C ATLANTA DIVISION THOMAS W U. S D C.

IN THE UNITED STATES DISTRICT COURT

JR,

CIVIL ACTION NO . JAMES N. 1 :48-CV-28$1-TWT By, 211t)4

,CEP I I.,

FRED BURNETTE, Warden, Defendant. O RD E R AND OP INIO N Plaintiff, Joseph H . Smith, currently confined atthe Telfair State Prison ("TSP")
in Helena, Georgia, has submitted a letter that has been docketed as a 42 U .S .C . §

1983 civil rights complaint. In his letter, Plaintiff complains that he was recently
transferred to the TSP from the "Washington State Prison for exercising [his] right to

access to the court." [Doc . 1 at 1 ) . Plaintiff asks the Clerk of Court to forward him
some § 1983 forms so that he can file a civil rights action . [Id .] . Upon review of

Plaintiff's letter, this Court finds that he does not intend to file a civil action at this time . Rather, Plaintiff merely asks this Court to provide him with the forms necessary
to prepare and initiate a civil rights action .

Accordingly, IT I S HEREBY ORDER ED that the instant action is DISMISSE D W IT HO UT PREJUDICE.

AO 7 2A ( Rev . 8182)

IT IS FURTHER ORDERED th at Plaintiff is GRANTED l eave to proceed in forma ap ueris for the sole purpose of dismissal .
The Clerk of this Court is DIR EC TED to forward a 42 U .S .C . § 1983 form and

an appropriate financial affidavit to Plaintiff. If Plaintiff seeks to file a civil rights complaint, he should prepare it on the enclosed § 1983 form and submit both a completed § 1983 form and financial affidavit to the appropriate district court . Plaintiff should be mindful about presenting his claims in a clear and concise fashion . IT IS S4 ORDERE D , this /-? day of , 2008 .

THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE

2
AO 72A (Rev . 8/82 )