Stallings v. Purdue

Full title: LOUIS RAY STALLINGS, JR., Plaintiff, v. BEVERLY PURDUE, et al.…

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

Date published: Feb 28, 2012

1:12CV189 (M.D.N.C. Feb. 28, 2012)

Opinion

1:12CV189

02-28-2012

LOUIS RAY STALLINGS, JR., Plaintiff, v. BEVERLY PURDUE, et al., Defendant(s).

L. Patrick Auld

ORDER AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, a prisoner of the State of North Carolina, has 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. 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. None of the defendants are located within this District, but are located in the Eastern District of North Carolina. Plaintiff should seek the proper forms from the Clerk of that district and file the Complaint there. The proper address is: 310 New Bern Avenue, Room 574, Raleigh, NC 27601.

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 and is filed in the proper district. 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.

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 and is filed in the proper district.

________________

L. Patrick Auld

United States Magistrate Judge