ALLEN v. O'NEAL et al
| DERRICK ALLEN |
| ELAINE M. O'NEAL, DIANA SCHREIBER, WANDA PAGE, DURHAM COUNTY CHERIFF OFFICE and SHERIFF CLARENCE F. BIRKHEAD |
| 1:2022cv00532 |
| July 11, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 USCA Pre-filing review case docketed USCA Case Manager: Carla A. Dietz. USCA Case Number 22-252. (Sheets, Jamie) |
| Filing 8 Electronic Transmission of Notice of Appeal to US Court of Appeals re #7 Notice of Appeal Without Fee Payment. (Hicks, Samantha) |
| Filing 7 NOTICE OF APPEAL Without Fee Payment as to #6 Judgment, by DERRICK ALLEN. (Hicks, Samantha) |
| Filing 6 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/8/2022 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, due to the lack of any factual allegations. (Hicks, Samantha) |
| 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 7/26/2022. Objections to R&R for Pro Se due by 7/29/2022. (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 of #2 Complaint issued this day. Issued by MAG/JUDGE L. PATRICK AULD on 07/12/2022. (AULD, L.) |
| 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 (the Durham County Sheriff, his office, and the Mayor, City Clerk, and City Manager of Durham) committed any act or omission that caused the alleged violations of the First, Eighth, Thirteenth, and Fourteenth Amendments to the United States Constitution (as made actionable via 42 U.S.C. 1983), arising from his arrest by unnamed Durham County Sheriff's Office deputies on a warrant that officers from another law enforcement agency already had served. The Court has advised Plaintiff repeatedly in connection with many prior actions that he cannot maintain a claim against high-ranking government officials and/or government entities based on the mere fact that other government officials allegedly violated Plaintiff's rights, even if the named defendants held some form of supervisory role over or employed the individuals who committed the alleged constitutional violations. In this case, #2 Complaint suffers from the additional fatal defect that Durham City officials possess no authority over Durham County Sheriff's Office deputies. Finally, nothing in #2 Complaint supports an inference that the deputies who affected Plaintiff's arrest knew about the prior warrant service. Even if the arresting deputies acted negligently, such conduct does not violate the Constitution. Plaintiff's 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 07/12/2022. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Sheets, Jamie) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
| 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. (Attachments: #1 State Court Documents) (Sheets, Jamie) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Sheets, Jamie) |
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