ALLEN v. OLIVE GARDEN, U.S.A. et al
| DERRICK ALLEN |
| MUSTAFA OZTURK and OLIVE GARDEN, U.S.A. |
| 1:2021cv00339 |
| April 29, 2021 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 5/12/2021; that this action is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B) as frivolous and for failing to state a claim upon which relief may be granted. (Hicks, Samantha) |
Filing 7
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 5/12/2021 adopting the Magistrate Judge's Recommendation; that this action is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B) as frivolous and for failing to state a claim upon which relief may be granted. (Hicks, Samantha)
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 6 Notice of Signed Pro Se Electronic Service Consent filed by DERRICK ALLEN. 78DERRICKALLEN@GMAIL.COM. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
| Filing 5 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re Recommended Ruling - Magistrate Judge by Plaintiff DERRICK ALLEN. Response to Objections to R&R due by 5/24/2021. (Attachments: #1 Envelope - Front and Back) (Hicks, Samantha) |
| Filing 4 Notice of Mailing Recommendation: Objections to R&R due by 5/18/2021. Objections to R&R for Pro Se due by 5/21/2021. (Sheets, Jamie) |
| TEXT ORDER terminating #1 Application to Proceed in District Court without Prepaying Fees or Costs, in light of the recommended dismissal of this action. Issued by MAG/JUDGE L. PATRICK AULD on 05/04/2021. (AULD, L.) |
| TEXT ORDER AND RECOMMENDATION (A) granting #1 Application to Proceed in District Court without Prepaying Fees or Costs, for the limited purpose of (B) recommending dismissal of this action as frivolous and for failure to state a claim, under 28 U.S.C. s 1915(e)(2)(B). In #2 Complaint, Plaintiff alleges that Defendants (his employer and its general manager) engaged in discrimination based on race, color, gender/sex, religion, national origin, and age, as well as in retaliation, in violation of Title VII and the ADEA, by terminating his employment and imposing unequal terms and conditions of employment; however, #2 Complaint lacks any factual allegations that plausibly show any such unlawful action by Defendants and instead only describes two occasions when a fellow employee "made contact with the hand [Plaintiff] was holding dinner plates with," in what Plaintiff deemed an "attempt[] to cause [Plaintiff] to drop the dinner plates." Nothing about those allegations even remotely suggests unlawful discrimination or retaliation by Defendants under Title VII or the ADEA. Moreover, those statutes do not permit claims against supervisory individuals (like the general manager of Plaintiff's employer). In sum, Plaintiff has failed to state a claim and has done so in such an obvious manner as to render this action frivolous. Issued by MAG/JUDGE L. PATRICK AULD on 05/04/2021. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Sheets, Jamie) |
| Filing 3 CIVIL COVER SHEET. (Sheets, Jamie) |
| Filing 2 COMPLAINT against OLIVE GARDEN, U.S.A., MUSTAFA OZTURK, filed by DERRICK ALLEN. (Sheets, Jamie) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
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