GUARDADO v. BLU et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ELMER JOSE MEIJA GUARDADO, )
)
Plaintiff, )
)
v. ) 1:25CV656
)
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 a serious flaw makes it impossible to further process
the Complaint. The problem is:
1. Plaintiff already filed a lawsuit against the same Defendants based on the
same facts in case 1:25CV655. The Court is recommending that 1:25CV655
be dismissed based on certain deficiencies so that Plaintiff can cure those
deficiencies. The present action shares the same deficiencies and could be
dismissed for the same reason, but it is also duplicative of the other case.
Plaintiff should file only one lawsuit based on the same facts and should
correct the deficiencies described in case 1:25CV655.
Consequently, the Complaint should be dismissed, but without prejudice to Plaintiff
filing a single new complaint, on the proper § 1983 forms, which corrects the defects of
the present Complaint and the Complaint in 1:25CV655 as described in that case.
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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 single new complaint, on the proper § 1983 forms, which corrects the
defects of the present Complaint and the Complaint in 1:25CV655 as described in that case.
This, the 21st day of October, 2025.
Case 1:25-cv-00656-TDS-JEP Document 3 Filed 10/21/25 Page 2 of 2