ALLEN v. BETTER DENTAL et al
| DERRICK ALLEN |
| BETTER DENTAL, SUN RISE DENTAL and RICCOBENE DENTAL |
| 1:2022cv00146 |
| February 22, 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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| Filing 11 NOTICE of Docketing Record on Appeal from USCA re #9 Notice of Appeal Without Fee Payment filed by DERRICK ALLEN. USCA Case Manager: Ashley Brownlee. USCA Case Number 22-1281. (Sheets, Jamie) |
| Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re #9 Notice of Appeal Without Fee Payment. USCA Case Number 22-1281. (Sheets, Jamie) |
| Filing 10 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #9 Notice of Appeal Without Fee Payment. (Sheets, Jamie) |
| Filing 9 NOTICE OF APPEAL Without Fee Payment as to #8 Judgment, by DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| Filing 8 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 3/7/2022. 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 7
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 3/7/2022 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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| Filing 6 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re Recommended Ruling - Magistrate Judge, by Plaintiff DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 5 Notice of Mailing Recommendation: Objections to R&R due by 3/10/2022. Objections to R&R for Pro Se due by 3/14/2022. (Sheets, Jamie) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
| TEXT RECOMMENDATION that the Court dismiss this action under 28 U.S.C. 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 Defendants (three dental practices which failed to provide the type(s) of service(s) that Plaintiff desired) acted under color of state law so as to trigger potential civil liability for violations of the Eighth, Ninth, and Fourteenth Amendments to the United States Constitution (as made actionable via 42 U.S.C. 1983), a requirement about which the Court has advised Plaintiff repeatedly in connection with many prior actions. The demand in #2 Complaint that "Defendants be imprisoned pursuant to 18 USC 242" further underscores the frivolous nature of this action, in that (A) Plaintiff cannot bring an action (civil or criminal) under that federal criminal statute, (B) imprisonment does not constitute an available remedy in any federal civil action he could bring, and (C) dental practices cannot go to prison. Plaintiff should understand that his persistence in filing frivolous federal actions supports the denial of future pauper applications under the discretionary authority of 28 U.S.C. 1915(a)(1), without consideration of the substance of his related complaints under the provisions of Section 1915(e)(2)(B). See Blakely v. Wards, 738 F.3d 607, 612 (4th Cir. 2013); see also id. at 619-22 (Wilkinson, J., concurring), 624 (Duncan, J., concurring). Issued by MAG/JUDGE L. PATRICK AULD on 02/23/2022. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD: RE: #1 APPLICATION to Proceed IFP. (Sheets, Jamie) |
| TEXT ORDER terminating #1 Application, in light of the Text Recommendation of dismissal of this action (also entered this day). Issued by MAG/JUDGE L. PATRICK AULD on 02/23/2022. (AULD, L.) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by DERRICK ALLEN 78DERRICKALLEN@GMAIL.COM. (Sheets, Jamie) |
| Filing 3 CIVIL COVER SHEET. (Sheets, Jamie) |
| Filing 2 COMPLAINT against All Defendants filed by DERRICK ALLEN. (Sheets, Jamie) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Sheets, Jamie) |
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