BIRTCH v. ROWAN COUNY JAIL et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHARLES EDWARD BIRTCH, 	)
)
Plaintiff, 	)
)
v. 	) 	1:26CV57
)
ROWAN COUNTY JAIL, 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. 	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).
2. 	Plaintiff’s claim is unclear in important respects. Much of it is phrased using
language associated with negligence, which cannot support a claim under
§ 1983. The Complaint also uses language such as “deliberate indifference”
which can support a claim but the Complaint does not contain facts to support
Plaintiff’s conclusion that Defendants acted with deliberate indifference. 	He
must fully set out any facts to support this. 	It also appears that Plaintiff’s
allegations fall outside the applicable three-year statute of limitations that
applies to § 1983 claims. See Wilson v. Garcia, 471 U.S. 261, 276-80 (1985)
(holding that, in section 1983 actions, state statute of limitations for personal
injury applies); Brooks v. City of Winston Salem, 85 F.3d 178, 181 (4th Cir.
1996) (applying North Carolina’s three-year statute of limitations for personal
injuries to section 1983 actions); N.C. Gen. Stat § 1-52 (establishing three-year
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statute of limitations for personal injury). 	Plaintiff should consider that in
filing any claims.
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)).
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 22nd day of January, 2026.
/s/ L. Patrick Auld
L. Patrick Auld
United States Magistrate Judge
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