JONES v. LUTHER et al

Filing 2

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 09/26/2014, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed t o 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)). 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 UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHRIS ALLEN JONES,
Plaintiff,
v.
SGT. LUTHER, et al.,
Defendant(s).

)
)
)
)
)
)
)
)
)

1:14CV817

ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner of the State of North Carolina, submitted a civil rights action
pursuant to 42 U.S.C. § 1983.1 The form of the Complaint is such that serious flaws make
it impossible to further process the Complaint. The problems are:
1.

The 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.

It is not clear that Plaintiff states any viable claim for relief. His main
allegations are that Defendant Luther did not like him, generally harassed him,
and prevented him from obtaining a better prison job. There is no
constitutional requirement that prison guards like Plaintiff, that they treat him
in a civil manner, or that they award him any particular prison job.
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

1

Plaintiff checked a blank on the front of the Complaint indicating that his suit is one
brought under 28 U.S.C. § 1331 against federal officials. However, he names only state
correctional officers as defendants.

Complaint. 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.
This, the 26th day of September, 2014.

/s/ L. Patrick Auld
L. Patrick Auld
United States Magistrate Judge

-2-