JOHNSON v. SCOTLAND CORRECTIONAL

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
BRETT JOHNSON, )
)
Plaintiff, )
)
v. ) 1:25CV616
)
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.
The Court also notes that Plaintiff’s claim for relief is not clear. Plaintiff alleges
that he suffered mental or emotional damage after he watched another inmate die during
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an altercation with prison staff. Claims under § 1983 can only be raised for violations of a
plaintiff’s federal constitutional rights, and cannot be raised on behalf of someone else. It
is not clear how any actions by the prison staff violated Plaintiff’s rights. Further, Plaintiff
appears to only allege mental or emotional injury and seeks damages as relief. He cannot
raise a claim for damages based on those types of injuries unless he also claims he suffered
a physical injury. See 42 U.S.C. § 1997e(e). For these reasons, Plaintiff’s claim is not
clear. 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)).
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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