ALLEN v. TOTAL VISA et al
| DERRICK ALLEN |
| BANK OF MISSOURI and TOTAL VISA |
| 1:2019cv01261 |
| December 26, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re TEXT ORDER and RECOMMENDATION, by Plaintiff DERRICK ALLEN. Response to Objections to R&R due by 2/18/2020. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #8 MOTION for Extension of Time to File Response/Reply as to Text Order and Recommendation. (Sheets, Jamie) |
| TEXT ORDER granting #8 Motion for Extension of Time. Plaintiff shall file any objections to the Text Order and Recommendation dated 01/06/2020, by 02/18/2020. The Clerk shall send copies of both this Text Order and the Text Order and Recommendation dated 01/06/2020 to Plaintiff. Failure by Plaintiff to file objections by the extended deadline shall result in the assigned District Judge entering an appropriate order or judgment without making a de novo review of the Text Order and Recommendation dated 01/06/2020, as well as waiver of Plaintiff's right to question on appeal the substance of the Text Order and Recommendation dated 01/06/2020. Issued by MAG/JUDGE L. PATRICK AULD on 01/29/2020. (AULD, L.) |
| Reset Motion Response Deadline. Objections to TEXT ORDER and RECOMMENDATION due by 2/18/2020. (Sheets, Jamie) |
| Filing 7 NOTICE of Change of Address back to P.O. BOX 25419, DURHAM, NC 27702, filed by DERRICK ALLEN. (Sheets, Jamie) |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to Order on Motion for Application to Proceed IFP, by DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 6 Notice of Mailing 1/6/2020 TEXT ORDER and RECOMMENDATION. Objections due by 2/5/2020. Objections for Pro Se due by 2/10/2020. (Daniel, J) |
| Filing 5 NOTICE of Change of Address by DERRICK ALLEN, #10973, Durham County Jail, POB 771, Durham, NC 27701. (Attachments: #1 Envelope - Front and Back) (Daniel, J) |
| Filing 4 Notice of Mailing Recommendation: Objections to R&R due by 1/21/2020. Objections to R&R for Pro Se due by 1/24/2020. (Sheets, Jamie) |
| TEXT ORDER and RECOMMENDATION granting #1 Application to Proceed IFP for the limited purpose of the Court considering a recommendation of dismissal for lack of subject matter jurisdiction. In #2 Complaint, Plaintiff purports to bring a claim under 42 U.S.C. s 1983 predicated on the civil jury trial right recognized in the Seventh Amendment to the United States Constitution; however, #2 Complaint names as Defendants a credit card company and a bank, not state officials. Furthermore, the factual allegations in #2 Complaint describe a routine contractual dispute over an adjustment to Plaintiff's credit card account related to his return of merchandise purchased with a credit card, i.e., a claim under state (not federal) law (notwithstanding the civil jury trial provision of the Seventh Amendment). Finally, even if complete diversity of citizenship exists between the proposed parties, this Court lacks subject matter jurisdiction under 28 U.S.C. s 1332, because the allegations of (and attachments to) #2 Complaint establish that the amount in controversy falls far short of Section 1332's $75,000 threshold. Under these circumstances, the Court should dismiss this action for want of subject matter jurisdiction. Issued by MAG/JUDGE L. PATRICK AULD on 01/06/2020. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Sheets, Jamie) |
ORDER granting #1 Motion for Application to Proceed IFP signed by MAG/JUDGE L. PATRICK AULD on 1/6/2020. See 1/6/2020 Text Order and Recommendation. (Sheets, Jamie)
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| Case Assigned to UNASSIGNED and MAG/JUDGE L. PATRICK AULD. (Butler, Carol) |
| Filing 3 CIVIL COVER SHEET. (Butler, Carol) (Main Document 3 replaced on 12/31/2019) (Butler, Carol). |
| Filing 2 COMPLAINT filed by DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) (Additional attachment(s) added on 12/30/2019: #2 Attachments) (Butler, Carol). |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Butler, Carol) (Main Document 1 replaced on 12/31/2019) (Butler, Carol). |
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