CALDERON v. STATE OF CALIFORNIA et al

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
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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
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