GUARDADO v. BLU et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ELMER JOSE MEIJA GUARDADO, )
)
Plaintiff, )
)
v. ) 1:25CV655
)
SERGANT BLU, et al., )
)
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 serious flaws make it impossible to further process
the Complaint. The problems are:
1. For the most part, Plaintiff does not name proper defendants. Section 1983
allows for suits against government actors who violate a plaintiff’s rights.
However, two of the three persons named as Defendants in the case appear
to be inmates. As the Court informed Plaintiff previously, those persons are
private individuals, not state actors, and cannot not be proper Defendants in
an action under § 1983. Plaintiff must name proper Defendants. Plaintiff
cannot sue other inmates under § 1983.
Plaintiff’s claim against the remaining Defendant, Sergeant Blu, is unclear.
Defendant Blu is a state employee, which means that he could be a proper
Defendant in an action under § 1983. The Complaint appears to allege that
Defendant Blu used pepper spray on Plaintiff and took his legal mail.
However, there is little in the Complaint explaining exactly what led to those
actions other than Plaintiff was having a panic attack in Defendant Blu’s
office. It is not clear exactly what Plaintiff was doing at the time or why
Defendant Blue responded by pepper spraying him or taking legal mail.
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Plaintiff should have the opportunity to submit all of his claims in a clear and
understandable fashion before the Court considers them on their merits.
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)). The Court also notes that
Plaintiff seeks damages, which is a proper remedy in an action under § 1983, but also seeks
citizenship and his freedom. These are not proper remedies in an action under § 1983. The
Court cannot grant citizenship to Plaintiff and he cannot seek his release under § 1983 or
because he was allegedly harmed by a guard or other inmates.
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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