1:25-cv-01153•CALDERON v. STATE OF CALIFORNIA et al
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JUAN C. CALDERON, ) ) Plaintiff, ) ) v. ) 1:25CV1153 ) STATE OF CALIFORNIA, et al., ) ) Defendant(s). ) ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Plaintiff, a prisoner of the State of California, submitted what the Court treated as a prisoner 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. To the extent Plaintiff chooses to file a new Complaint, the Court also notes that it appears that the potential defendants may be located in California, where Plaintiff is housed. The events challenged in the Complaint are all alleged to have occurred there as Case 1:25-cv-01153-WO-LPA Document 2 Filed 12/17/25 Page 1 of 2
well. Therefore, it appears that venue would be proper in one of the districts in California. There certainly appears to be no connection between the case and this District. Plaintiff should determine which district is proper and obtain forms and instructions from the Clerk’s Office for filing in that 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 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 a proper district. This, the 17th day of December, 2025. /s/ L. Patrick Auld L. Patrick Auld United States Magistrate Judge -2- Case 1:25-cv-01153-WO-LPA Document 2 Filed 12/17/25 Page 2 of 2
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