Meyers v. Gaul

Full title: DAVID MEYERS, Plaintiff, v. MS. GAUL, et al., Defendants.

Court: United States District Court, Middle District of North Carolina

Date published: Apr 6, 2022

1:22CV119 (M.D.N.C. Apr. 6, 2022)

Opinion

1:22CV119

04-06-2022

DAVID MEYERS, Plaintiff, v. MS. GAUL, et al., Defendants.

Joi Elizabeth Peake, United States Magistrate Judge

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Joi Elizabeth Peake, United States Magistrate Judge

Plaintiff, a prisoner housed in 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 and 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.¹ 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)).

1 Plaintiff claims that he has difficulty using the Court's forms. However, he has demonstrated in a prior case, No. 1:22CV82, that he is capable of doing so if he chooses.

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.