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Geddings v. Scotland Corr. Inst.

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Mar 5, 2015
1:15CV181 (M.D.N.C. Mar. 5, 2015)

Opinion

1:15CV181

03-05-2015

MICHAEL C. GEDDINGS, Plaintiff, v. SCOTLAND CORRECTIONAL INSTITUTION, Defendant(s).


ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, a prisoner of the State of North Carolina, submitted a document complaining of brutality by guards in the prison where he is housed. Given the nature of that allegation, the Court treated the filing as 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. 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. 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. § 1915A 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 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)).

Plaintiff also expresses concerns about his ability to exhaust his claims through the prison's administrative grievance process. Ordinarily prisoners must exhaust their claims prior to filing under § 1983. The § 1983 forms provide space for Plaintiff to explain any failure to exhaust.

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 5th day of March, 2015.

/s/_________

Joe L. Webster

United States Magistrate Judge


Summaries of

Geddings v. Scotland Corr. Inst.

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Mar 5, 2015
1:15CV181 (M.D.N.C. Mar. 5, 2015)
Case details for

Geddings v. Scotland Corr. Inst.

Case Details

Full title:MICHAEL C. GEDDINGS, Plaintiff, v. SCOTLAND CORRECTIONAL INSTITUTION…

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Date published: Mar 5, 2015

Citations

1:15CV181 (M.D.N.C. Mar. 5, 2015)