ALLEN v. FORTNEY
| DERRICK ALLEN, SR. |
| JUDITH A. FORTNEY |
| 1:2022cv00076 |
| January 28, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 NOTICE of Docketing Record on Appeal from USCA re #10 Notice of Appeal Without Fee Payment filed by DERRICK ALLEN, SR. USCA Case Manager: Rachel J. Lee. USCA Case Number 22-1170. (Sheets, Jamie) |
| Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re #10 Notice of Appeal Without Fee Payment. USCA Case Number 22-1170. (Sheets, Jamie) |
| Filing 11 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #10 Notice of Appeal Without Fee Payment. (Sheets, Jamie) |
| Filing 10 NOTICE OF APPEAL Without Fee Payment as to #9 Judgment, by DERRICK ALLEN, SR. (Sheets, Jamie) |
| Filing 9 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 2/17/2022. For the reasons set forth in the Order filed contemporaneously with this Judgment; that this action is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii). (Sheets, Jamie) |
Filing 8
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 2/17/2022 adopting the Magistrate Judge's Recommendation; that this action is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii). (Sheets, Jamie)
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 7 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re Recommended Ruling - Magistrate Judge, by Plaintiff DERRICK ALLEN, SR. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| Filing 5 Notice of Mailing Recommendation: Objections to R&R due by 2/14/2022. Objections to R&R for Pro Se due by 2/17/2022. (Sheets, Jamie) |
| TEXT ORDER terminating #1 Application to Proceed IFP, in light of the contemporaneously recommended dismissal of this action under 28 U.S.C. s 1915(e)(2)(B). Issued by MAG/JUDGE L. PATRICK AULD on 01/31/2022. (AULD, L.) |
| TEXT ORDER AND RECOMMENDATION (A) recommending that the Court dismiss this action under 28 U.S.C. s 1915(e)(2)(B) as frivolous and for failure to state a claim, due to the lack of any factual allegations in #2 Complaint showing that Defendant acted under color of state law so as to trigger liability under 42 U.S.C. s 1983 and/or the First, Eighth, and Fourteenth Amendments to the United States Constitution, a requirement about which the Court has advised Plaintiff repeatedly in connection with many prior actions; and (B) directing the Clerk to strike pages seven through 90 of #2 Complaint for failure to comply with Federal Rule of Civil Procedure 5.2(a)(1). Issued by MAG/JUDGE L. PATRICK AULD on 01/31/2022. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Sheets, Jamie) |
| Filing 6 Attachments (pages 7 - 90) to #2 Complaint STRICKEN from the record pursuant to Text Order and Recommendation of 1/31/2022. (Sheets, Jamie) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by DERRICK ALLEN, SR 78DERRICKALLEN@GMAIL.COM. (Sheets, Jamie) |
| Filing 3 CIVIL COVER SHEET. (Sheets, Jamie) |
| Filing 2 COMPLAINT against JUDITH A. FORTNEY, filed by DERRICK ALLEN, SR. (Sheets, Jamie) (Main Document 2 replaced on 2/2/2022 with just pages 1-6. (Pages 7-90 STRICKEN at #6 pursuant to Text Order and Recommendation of 1/31/2022) (Sheets, Jamie) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN, SR. (Sheets, Jamie) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
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