ALLEN v. UNITED STATES POSTAL SERVICE et al.
| DERRICK ALLEN |
| UNITED STATES POSTAL SERVICE, INTERNAL SERVICE REVENUE and POST MASTER |
| 1:2022cv00220 |
| March 21, 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 |
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| Filing 6 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 4/20/2022 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 failure to state a claim. (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 4/6/2022. Objections to R&R for Pro Se due by 4/11/2022. (Sheets, Jamie) |
| TEXT ORDER terminating #1 Application to Proceed in District Court without Prepaying Fees or Costs, in light of the Text Recommendation of dismissal issued this date. Issued by MAG/JUDGE L. PATRICK AULD on 03/23/2022. (AULD, L.) |
| TEXT RECOMMENDATION that the Court dismiss this action, pursuant to 28 U.S.C. s 1915(e)(2)(B), as frivolous and for failure to state a claim. In #2 Complaint (filed along with #1 Application to Proceed in District Court without Prepaying Fees or Costs), Plaintiff purports to sue the United States Postal Service, the Internal Revenue Service, and an unnamed Postmaster, under 42 U.S.C. s 1983 (and its criminal counterpart, 18 U.S.C. s 242) for a Fourteenth Amendment violation because he only received one federal stimulus check and believes he should have received two federal stimulus checks. The United States Postal Service, the Internal Revenue Service, and United States Postmasters are not state actors subject to suit under Section 1983 (or to liability under the Fourteenth Amendment), Plaintiff may not proceed against the named Defendants (or anyone else) under Section 242, and the allegations of #2 Complaint do not state any conceivable federal constitutional claim against anyone because they could not support a finding of any intentional misconduct (but, at most, may allege negligence). All of those considerations warrant dismissal of this action as frivolous and for failure to state a claim. Issued by MAG/JUDGE L. PATRICK AULD on 03/23/2022. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by DERRICK ALLEN 78DERRICKALLEN@GMAIL.COM. (Carter, Alexus) |
| Filing 3 CIVIL COVER SHEET. (Carter, Alexus) |
| Filing 2 COMPLAINT against All Defendants, filed by DERRICK ALLEN. (Carter, Alexus) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Carter, Alexus) |
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