GIBBS v. MIRACLES IN SIGHT
KENTRELL A. GIBBS |
MIRACLES IN SIGHT |
1:2021cv00976 |
December 27, 2021 |
US District Court for the Middle District of North Carolina |
L PATRICK AULD |
CATHERINE C EAGLES |
Civil Rights: Jobs |
28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
Plaintiff |
Docket Report
This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES on 2/7/22. (Winchester, Robin) |
Filing 7 Notice of Right to Consent. U.S. Marshal shall serve the attached form on all parties. (Attachments: #1 Consent form)(Taylor, Abby) |
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) |
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) |
Filing 4 AMENDED COMPLAINT against defendant MIRACLES IN SIGHT, filed by KENTRELL A. GIBBS.(Taylor, Abby) |
CASE REFERRED RE: #1 APPLICATION to Proceed IFP, #4 Amended Complaint, to MAG/JUDGE L. PATRICK AULD (Taylor, Abby) |
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.) |
Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus) |
Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
Filing 3 CIVIL COVER SHEET. (Carter, Alexus) |
Filing 2 COMPLAINT against MIRACLES IN SIGHT, filed by KENTRELL A. GIBBS. (Carter, Alexus) |
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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