Smith v. Burnette, No. 1:2008cv02881 - Document 2 (N.D. Ga. 2008)

Court Description: ORDER AND OPINION dismissing case without prejudice, granting leave to proceed in forma pauperis for the sole purpose of dismissal. Signed by Judge Thomas W. Thrash, Jr on 9/19/08. (dr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA FILED IN C ATLANTA DIVISION THOMAS W U. S D C . JOSEPH H . SMITH, Plaintiff, ,CEP I I., CIVIL ACTION NO . JAMES N. 1 :48-CV-28$1-TWT By, 211t)4 V. FRED BURNETTE, Warden, Defendant. ORDER AND OPINION Plaintiff, Joseph H . Smith, currently confined atthe Telfair State Prison ("TSP") in Helena, Georgia, has submitted a letter that has been docketed as a 42 U .S.C. § 1983 civil rights complaint. In his letter, Plaintiff complains that he was recently transferred to the TSP from the "Washington State Prison for exercising [his] right to access to the court." [Doc . 1 at 1 ) . Plaintiff asks the Clerk of Court to forward him some § 1983 forms so that he can file a civil rights action . [Id .] . Upon review of Plaintiff's letter, this Court finds that he does not intend to file a civil action at this time. Rather, Plaintiff merely asks this Court to provide him with the forms necessary to prepare and initiate a civil rights action . Accordingly, IT I S HEREBY ORDER ED that the instant action is DISMISSED WITHOUT PREJUDICE. AO 7 2A ( Rev . 8182) JR, IT IS FURTHER ORDERED th at Plaintiff is GRANTED l eave to proceed in forma ap ueris for the sole purpose of dismissal . The Clerk of this Court is DIRECTED to forward a 42 U .S.C . § 1983 form and an appropriate financial affidavit to Plaintiff. If Plaintiff seeks to file a civil rights complaint, he should prepare it on the enclosed § 1983 form and submit both a completed § 1983 form and financial affidavit to the appropriate district court . Plaintiff should be mindful about presenting his claims in a clear and concise fashion . IT IS S4 ORDERE D, this /-? day of , 2008 . THOMAS W. THRASH, JR . UNITED STATES DISTRICT JUDGE 2 AO 72A (Rev . 8/82 )

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