WILLIAMSON v. ALEXANDER CORRECTIONAL INSTITUTION

Filing 2

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 08/11/2014, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation.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. (Taylor, Abby)

IN THE LTNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MAURICE A. WILLIAMSON,
Plaintiff,
V

ALEXANDER CORRECTIONAL
INSTITUTION,

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l:14CY667

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Defendant(s)

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ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, a prisoner of the State of North Carolina, submitted

a

letter alleging that his

life is in danger and that ofhcials at Alexander Correctional Institution, where Plaintiff is
housed, are not acting to protect

him. Given the nature of the allegations, the Court treated

Plaintiff s submission as a civil rights action pursuant to 42 U.S.C. $ 1983. The form ofthe
Complaint is such that serious flaws make it impossible to further process the Complaint.
The problems are
1

2

The filing fee was not received norwas aproper affidavit to proceed inþrma
pauperís submitted, with sufficient information completed or signed by
Plaintiff, to permit review.

The Complaint is not on forms prescribed for use by this Court, nor is the
information requested by such forms and necessary to process the Complaint
pursuant to 28 U.S.C. $ 19154 contained in Plaintiff s submission. See LR
7.1(e).

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. To the extent Plaintiff chooses to file

a

new Complaint, the Court also notes that

it appears that the potential defendants are located in the'Western District ofNorth Carolina,
where Plaintiff is housed. The events challenged in the Complaint are all alleged to have
occurred there as well. Therefore, it appears that venue would be proper in that District, and

Plaintiff may obtain forms and instructions from the Clerk's Office for filing in that District.
See 28

U.S.C. g 1391(b). The address is:Room 2I0,Charles R. Jonas Federal Building,40l

West Trade Street, Charlotte,
In

NC 28202.'

þrma pauperís status is granted for the sole purpose of entering this Order

and

Recommendation.

IT IS THEREFORE ORDERED that ínþrma pauperis status is granted for the sole
purpose of entering this Order and Recommendation.

I

If Pluintiffchooses to re-file his corpplaint here in this District, he should correct all ofthe matters
noted above and should also include a statement addressing the proper venue in this case, for the Court's
consideration in determining whether this case must be transfered to a proper district pursuant to 28 U,S.C.
$ 1406.
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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

clefects cited above.

This,

the

of August,2014.

L.

e bster

United States Magistrate Judge

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