Opinion
1:20CV203
05-21-2020
HARRY SHAROD JAMES-EL, Plaintiff, v. ERIK A. HOOKS, et al., Defendant(s).
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. 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. Plaintiff does not currently state any proper claim for relief. The Complaint alleges that Defendants are interfering with his ability to practice his religion as a member of the Nation of Islam because only "generic Islam" is supported by prison authorities. Plaintiff claims that this prevents him from properly practicing his religion, but does not provide details to support such a claim. He should also be aware that courts have generally rejected similar claims. See Allen v. South Carolina Dept. of Corrections, Civil Action No. 3:10-939-HMH-JRM, 2012 WL 1655297 (D.S.C. April 24, 2012) (unpublished) (discussing cases), report and recommendation adopted, 2012 WL 1655295 (May 10, 2012).
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)).
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 21st day of May, 2020.
/s/_________
Joe L. Webster
United States Magistrate Judge