Walker v. Unnamed Defendant, No. 1:2010cv01193 - Document 2 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION DISMISSING the 1 Complaint WITHOUT PREJUDICE. Plaintiff is granted leave to file this action in forma pauperis, for the purpose of dismissal only. Signed by Judge Timothy C. Batten, Sr. on 5/17/2010. (alc)
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it4r, /6 IN THE UNITED STATES DISTRICT COURT '010 l;"' FOR THE NORTHERN DISTRICT OF GEORGIA ~'"~'! ~ ATLANTA DIVISION .i"" '''lIt ' .. . SCOTT GERRARD WALKER, GDC NO. 1187151, Plaintiff, v. PRISONER CIVIL RIGHTS 42 U.S.C. § 1983 CIVIL ACTION NO. 1:10-CV-1193-TCB UNNAMED, Defendant. ORDER AND OPINION Plaintiff, currently confined at the Augusta State Medical Prison in Grovetown, Georgia has submitted an inmate witness statement which the Clerk of the Court has construed as a 42 U.S.C. § 1983 civil rights action. (Doc. 1). In his witness statement, Plaintiff states that another inmate is making false allegations against certain prison officials. (Id. at 1-2.) For the reasons that follow, this Court concludes that Plaintiff did not intend to file a civil rights action. First, Plaintiff does not name a Defendant. Second, Plaintiff does not allege that his rights under federal law have been violated. Finally, Plaintiff has not requested any relief. Accordingly, this Court finds that Plaintiff did not intend to A072A (Rev.8/82) file a civil rights action. Therefore, this action will be dismissed without prejudice. 1 IT IS ORDERED that this civil rights action is DISMISSED WITHOUT PREJUDICE. For the purpose of dismissal only, Plaintiff is GRANTED leave to file this action in forma pauperis. IT IS SO ORDERED, this 19'U nt:Vf ~_ _ _ _ _ _, 2010. ~~ TIM THY C. BATTEN, SR. UNITED STATES DISTRICT JUDGE Even if Plaintiff had intended to file a civil rights action, it would be subject to dismissal for improper venue. See 28 U.S.C. § 1406(a); 28 U.S.C. § 1391(b) 1 2 A072A (Rev.8/82)