JOHNSON v. SCOTLAND CORRECTIONAL

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
BRETT JOHNSON, )
)
Plaintiff, )
)
v. ) 1:25CV615
)
SCOTLAND CORRECTIONAL, )
)
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, together with an application to proceed in forma pauperis.
The form of the Complaint is such that a serious flaw makes it impossible to further process
the Complaint. The problem is:
1. Plaintiff does not name proper defendants or give sufficient addresses for
them to be served. Plaintiff must name the persons who are actually
responsible for the alleged violations of his constitutional rights. Instead, he
names only Scotland Correctional Institution, which is a building, not a
person.
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)).
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The Court also notes that Plaintiff’s claim for relief is not clear. Plaintiff alleges
that he attempted to mail an unidentified item but that it was returned to him by prison
officials because it required more postage than he had available as an indigent prisoner. It
is not clear whether Plaintiff’s attempted mailing was personal mail or legal mail. Indigent
inmates are not entitled to send unlimited amounts of personal mail at state expense and
states may constitutionally limit the amount of postage available for such mailings. See
Carawan v. McLarty, No. 5:14-CT-3079-FL, 2017 WL 829193, at *8-9 (E.D.N.C., Mar. 2,
2017). A prisoner does have a constitutional right to send legal mail but would need to
show a denial of access to the courts, including an actual injury based on being hindered in
pursuing a legal claim, in order to state a claim for relief. Id. at *9. At this point, it is not
clear exactly what Plaintiff attempts to claim. He should have a chance to make his claim
clear by filing a new complaint before the Court evaluates the substance of his claim.
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)).
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IT IS RECOMMENDED that this action be 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 October, 2025.
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