Opinion
1:11CV961
11-15-2011
CHRISTOPHER LEE NEAL, Plaintiff, v. LINDY PENDERGRASS, et al., Defendant(s).
ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff, a federal prisoner, has submitted a civil rights action pursuant to 42 U.S.C. § 1983, together with an application to proceed in forma pauperis and a motion to appoint counsel. The form of the complaint is such that serious flaws make it impossible to further process this complaint. The problems are:
1. 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(f).
2. 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. Plaintiff did submit an in forma pauperis application, but it is not sufficient.
3. Plaintiff has failed to provide a sufficient number of copies. Plaintiff must submit the original, one copy for the Court, and one copy for each defendant named.
4. It is not clear from the complaint whether or not Plaintiff has exhausted administrative remedies as to his claims.
Consequently, this particular 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. Plaintiff's motion for appointment of counsel will be denied in light of the recommendation of dismissal.
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 FURTHER ORDERED that Plaintiff's motion to appoint counsel is denied.
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.
P. Trevor Sharp
United States Magistrate Judge