GIBBS v. MIRACLES IN SIGHT
Plaintiff: KENTRELL A. GIBBS
Defendant: MIRACLES IN SIGHT
Case Number: 1:2021cv00976
Filed: December 27, 2021
Court: US District Court for the Middle District of North Carolina
Presiding Judge: L PATRICK AULD
Referring Judge: CATHERINE C EAGLES
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2022 Filing 8 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES on 2/7/22. (Winchester, Robin)
February 4, 2022 Filing 7 Notice of Right to Consent. U.S. Marshal shall serve the attached form on all parties. (Attachments: #1 Consent form)(Taylor, Abby)
February 4, 2022 Filing 6 Summons Issued as to MIRACLES IN SIGHT. (Copy of Amended Complaint, Order and Summons delivered to U.S. Marshal for service) (Attachments: #1 Envelope - Front and Back)(Taylor, Abby)
January 28, 2022 Opinion or Order Filing 5 ORDER signed by MAG/JUDGE L. PATRICK AULD on 01/28/2022, that the plaintiff in the above-entitled proceeding be, and is hereby, permitted to commence said proceeding in this Court without prepayment of fees or costs, or giving security therefor. [28 U.S.C. 1915(a)] Plaintiff is responsible for preparing and delivering to the Clerk, the correct summons for service on each defendant, including the correct address and the name and title of the individual to be served on behalf of a corporation, association, infant, incompetent or government agency. Failure to prepare and deliver said summons within 15 days from the filing of this order shall result in this case being dismissed without further notice. The U.S. Marshal shall serve the summons and complaint upon defendant. (Taylor, Abby)
January 25, 2022 Filing 4 AMENDED COMPLAINT against defendant MIRACLES IN SIGHT, filed by KENTRELL A. GIBBS.(Taylor, Abby)
January 25, 2022 CASE REFERRED RE: #1 APPLICATION to Proceed IFP, #4 Amended Complaint, to MAG/JUDGE L. PATRICK AULD (Taylor, Abby)
January 4, 2022 TEXT ORDER (A) deferring ruling on #1 Application for Leave to Proceed IFP; and (B) requiring Plaintiff to file any amended complaint by 01/25/2022. Based on an initial review of #1 Application, it appears that Plaintiff meets the financial qualifications for pauper status; however, pursuant to 28 U.S.C. s 1915(e)(2)(B)(ii), the Court must dismiss this action if #2 Complaint fails to state a claim. A review of #2 Complaint reveals only conclusory allegations of race, sex, and age discrimination, as well as retaliation, which do not meet the legal standard for statement of a claim under Federal Rule of Civil Procedure 12(b)(6). Rather than recommend dismissal at this juncture and in deference to Plaintiff's pro se status, the Court has deferred further action at this time and has afforded Plaintiff an opportunity to file an amended complaint containing sufficient (non-conclusory) factual allegations to sustain any claim Plaintiff may wish to assert. Failure by Plaintiff to comply with this Text Order shall result in the dismissal of this action. Issued by MAG/JUDGE L. PATRICK AULD on 01/04/2022. (AULD, L.)
December 29, 2021 Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus)
December 29, 2021 Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus)
December 27, 2021 Filing 3 CIVIL COVER SHEET. (Carter, Alexus)
December 27, 2021 Filing 2 COMPLAINT against MIRACLES IN SIGHT, filed by KENTRELL A. GIBBS. (Carter, Alexus)
December 27, 2021 Filing 1 APPLICATION to Proceed IFP by KENTRELL A. GIBBS. (Carter, Alexus)

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Plaintiff: KENTRELL A. GIBBS
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Defendant: MIRACLES IN SIGHT
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