Opinion
NO. 7:09-CV-18 (HL).
February 9, 2009
ORDER
Plaintiff DION D. HAMILTON, a prisoner at Rutledge State Prison in Columbus, Georgia, has written a letter that the Clerk of Court filed as a civil rights action under 42 U.S.C. § 1983. Although plaintiff has submitted an accompanying affidavit to proceed IFP, a review of his letter, which is addressed "Dear Commissioner," indicates that plaintiff may not have intended to file a civil rights action at this time. For example, plaintiff states that he has a "few corporate concerns that are in my district in Miami, FL business area." Plaintiff additionally asks that the military investigate an unspecified grievance.
The Court's role is strictly judicial, i.e., resolving actual cases and controversies between adverse parties. Preiser v. Newkirk , 422 U.S. 395, 401 (1975). In his letter, plaintiff does not name a defendant or state an apparent case or controversy. Accordingly, it is hereby ORDERED that the instant action be DISMISSED without prejudice.