WASALAAM v. KERSEY et al

Filing 6

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 07/23/2015, 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)). 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
SULYAMAN WASALAAM,
Plaintiff,
v.
SHERIFF RALPH KERSEY, et al.,
Defendant(s).

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1:15CV556

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, together with an application to proceed in forma pauperis.
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. Plaintiff submitted an in forma pauperis form, but
did not provide the balance of his trust account or the amount deposited in that
account during the past six months. He also failed to sign the form. Plaintiff
states in a cover letter that he faced difficulties in obtaining his account
information. However, he must at least provide a good faith estimate of the
amounts deposited in the past six months and sign the form before the Court
can make an in forma pauperis determination.

2.

Plaintiff does not name proper defendants or give sufficient addresses for them
to be served. Plaintiff must name the persons who are actually responsible for
the alleged violations of his constitutional rights. Plaintiff provides no
addresses for three of the four Defendants listed in the Complaint. Further, the
factual portions of the Complaint contain little or nothing linking the listed
Defendants to the allegations set out in the Complaint. Plaintiff must explain
how each named Defendant violated his rights.

3.

Plaintiff’s claims themselves suffer from multiple defects. Overall, they
consist of fragments of sentences and thoughts and, in some cases, simply lists
of words and phrases. This renders them confusing and barely understandable.
Plaintiff must express his claims clearly so that the Court and any potential
Defendants can understand them. To the extent the present claims are
understandable, the allegations appear to involve several distinct and unrelated
claims. Some pertain to Plaintiff’s arrest and charges, some to his bond, and
others to various prison or jail conditions. He may need to present these
claims in separate actions. Some of the claims also appear to involve other
prisoners. Plaintiff can only bring claims based on actual violations of his
federal constitutional or statutory rights.
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 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)).

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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
defects cited above.
This, the 23rd day of July, 2015.

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

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