BARBEE v. PERDUE et al

Filing 2

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/16/2012. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Cle rk is instructed to send Plaintiff § 1983 forms, instructions, an application to proceed in forma pauperis, and a copy of pertinent parts of Fed. R. Civ. P. 8 (i.e., Sections (a) & (d)). IT IS RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, which corrects the defects cited above and is filed in the proper district.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ISAAC BARBEE,
Plaintiff,
v.
BEV PERDUE, et al.,
Defendant(s).

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1:12CV231

ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner of the State of North Carolina, has submitted a civil rights action
pursuant to 42 U.S.C. § 1983. The form of the Complaint is such that serious flaws make it
impossible to further process the Complaint. The problems are:
1.

Filing fee was not received nor was a proper affidavit to proceed in forma
pauperis submitted, with sufficient information completed or signed by
Plaintiff, to permit review.

2.

None of the defendants are located within this District, but are located in the
Eastern District of North Carolina, and the events challenged in the Complaint
are all alleged to have occurred in the Eastern District of North Carolina. See
Fed. R. Civ. P. 28 U.S.C. § 1391(b). Plaintiff should seek the proper forms
from the Clerk of that district and file the Complaint there. The proper address
is: 310 New Bern Avenue, Room 574, Raleigh, NC 27601.
Consequently, the Complaint should be dismissed, but without prejudice to Plaintiff

filing a new complaint, on the proper § 1983 forms, which corrects the defects of the present
Complaint and is filed in the proper district. To further aid Plaintiff, the Clerk is instructed
to send Plaintiff new § 1983 forms, instructions, an application to proceed in forma pauperis,

and a copy of pertinent parts of Fed. R. Civ. P. 8 (i.e., Sections (a) & (d)).
In forma pauperis status is granted for the sole purpose of entering this Order and
Recommendation.
IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole
purpose of entering this Order and Recommendation. The Clerk is instructed to send
Plaintiff § 1983 forms, instructions, an application to proceed in forma pauperis, and a copy
of pertinent parts of Fed. R. Civ. P. 8 (i.e., Sections (a) & (d)).
IT IS RECOMMENDED that this action be filed and dismissed sua sponte without
prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, which corrects the
defects cited above and is filed in the proper district.
This the 16th day of March, 2012.

/s/ Joi Elizabeth Peake
United States Magistrate Judge

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