Robinson v. Alexander Correctional Institution

Filing 5

ORDER directing Clerk to mail plaintiff a blank 1983 form. Plaintiff shall have (21) days to complete form, sign and date it, and return it to the Court. ( Amended Pleadings due by 5/21/2018.). Signed by Chief Judge Frank D. Whitney on 4/26/2018. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:18-cv-00073-FDW
BERWYN ROBINSON,

)
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Plaintiff,
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vs.
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ALEXANDER CORRECTIONAL
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INSTITUTION,
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Defendant.
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____________________________________)

ORDER

THIS MATTER is before the Court upon its own motion. On April 18, 2018, Berwyn
Robinson, a prisoner of the state of North Carolina, filed a one-page document titled “Complaint
of Medical Need,” in the United States District Court for the Eastern District of North Carolina.
(Doc. No. 1.) Because Plaintiff names Alexander Correctional Institution as sole Defendant in
this action, the Eastern District transferred the matter to this Court, where venue is proper. (Doc.
Nos. 2, 3.)
In his filing, Robinson states that he wants to file a lawsuit against Defendant “because
[he] is in pain.” (Doc. No. 1.) To the extent Robinson is attempting to file a civil rights action
pursuant to 42 U.S.C. § 1983, his filing is subject to dismissal due to a number of deficiencies,
not the least of which is that he fails to set forth any facts supporting any kind of claim. 1
Furthermore, Alexander Correctional Institution is not a legal entity that may be sued under 42
U.S.C. § 1983. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 71 (1989) (holding that

Plaintiff attached a copy of a grievance to his Complaint. (Pl.’s Ex., Doc. No. 1-1 at 2.) The Federal Rules of
Civil Procedure, however, require that a civil complaint contain “a short and plain statement of the claim showing
that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Simply attaching a grievance to a complaint is not
sufficient to meet the pleading requirements of Fed. R. Civ. P. 8, even under the liberal construction allowances
accorded pro se litigants.
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neither a State nor its officials acting in their official capacities are “persons” under § 1983).
The Court shall provide Robinson the opportunity to file an amended § 1983 complaint.
He shall be provided a blank form that is accepted by this Court for use by inmates who wish to
file § 1983 complaints. He is directed to complete the form, sign and date it, and return it the
Court within 21 days of entry of this Order. Robinson is forewarned that failure to file an
amended complaint on the form provided shall result in dismissal of this action without further
notice from the Court.
IT IS, THEREFORE, ORDERED, that the Clerk of Court shall mail Berwyn Robinson
a blank form used by prisoners in this District to file 42 U.S.C. § 1983 complaints.
IT IS FURTHER ORDERED that Berwyn Robinson shall have twenty-one (21) days
from entry of this Order to complete the form, sign and date it, and return it to the Court.

Signed: April 26, 2018

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