Jones v. Vann

Full title: RODNEY JONES, Plaintiff, v. DARRYL VANN, Defendant(s).

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

Date published: Dec 1, 2020

1:20CV849 (M.D.N.C. Dec. 1, 2020)

Opinion

1:20CV849

12-01-2020

RODNEY JONES, Plaintiff, v. DARRYL VANN, Defendant(s).

Joi Elizabeth Peake United States Magistrate Judge

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, a prisoner of the State of North Carolina, submitted a paper writing which the Court treated as a civil rights action pursuant to 42 U.S.C. § 1983 out of an abundance of caution. 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(d).

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)). The Court notes that Plaintiff's claims are currently rambling and unclear. They also appear to involve at least some events that occurred in the Eastern and/or Western Districts of North Carolina. If Plaintiff chooses to file an action under § 1983 in this District, he should set out his claims clearly so that they can be understood and he should address the issue of venue so that the Court can determine whether the matter should be transferred to the Eastern or Western District of North Carolina.

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 1^st day of December, 2020.

/s/ Joi Elizabeth Peake

United States Magistrate Judge