ALLEN v. L.C. INDUSTRIES et al
| DERRICK ALLEN |
| L.C. INDUSTRIES, COMMUNITY CONNECT STAFFING and TIMOTHY GLASS |
| 1:2022cv00638 |
| August 8, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 USCA Pre-filing review case docketed. USCA Case Manager: Carla A. Dietz. USCA Case Number 22-262. (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. (Sheets, Jamie) |
| Filing 8 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/26/2022. For the reasons set forth in the Order filed contemporaneously with this Judgment; that this action is dismissed under 28 U.S.C. 1915(e)(2)(B) as frivolous and for failure to state a claim. (Sheets, Jamie) |
Filing 7
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/26/2022 adopting Magistrate Judge's Recommendation; that this action is dismissed under 28 U.S.C. 1915(e)(2)(B) as frivolous and for failure to state a claim. (Sheets, Jamie)
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 6 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re Recommended Ruling - Magistrate Judge, by Plaintiff DERRICK ALLEN. Response to Objections to R&R due by 8/29/2022. (Sheets, Jamie) |
| Filing 5 Notice of Mailing Recommendation: Objections to R&R due by 8/29/2022. Objections to R&R for Pro Se due by 9/1/2022. (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 entered this day. Issued by MAG/JUDGE L. PATRICK AULD on 08/14/2022. (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. Simply put, #2 Complaint lacks any factual allegations to support any claim against any Defendant; instead, #2 Complaint relies on the conclusory assertion that Defendants (a business, a staffing company, and an individual apparently employed by the staffing company) violated Title VII, the ADEA, and Section 1983 (as well as its criminal counterpart), because Plaintiff was "[t]erminated from work on [his] first day without adequate notice" and due to a "[f]ailure to correct [his] SS#." Those meager statements do not show that Defendants acted under color of state law so as to trigger potential civil liability under Section 1983 or that any Defendant engaged in any form of discrimination. In connection with many prior actions, the Court repeatedly has advised Plaintiff of the state-action requirement and the prohibition against reliance on conclusory allegations. 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 08/14/2022. (AULD, L.) |
| Motion Referred: RE: #1 APPLICATION to Proceed IFP, to MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by DERRICK ALLEN 78DERRICKALLEN@GMAIL.COM. (Hicks, Samantha) |
| Filing 3 CIVIL COVER SHEET. (Hicks, Samantha) |
| Filing 2 COMPLAINT against L.C. INDUSTRIES, COMMUNITY CONNECT STAFFING, TIMOTHY GLASS, filed by DERRICK ALLEN. (Hicks, Samantha) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back) (Hicks, Samantha) |
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