ALLEN v. ROCKET WASH CAR WASH et al
| DERRICK ALLEN |
| ROCKET WASH CAR WASH, TERESA CHOPLIN and XAVIER HODGE |
| 1:2022cv00645 |
| August 10, 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: Civil Rights Violation |
| Plaintiff |
Docket Report
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| Filing 11 USCA Pre-filing review case docketed. USCA Case Manager: Carla A. Dietz. USCA Case Number 22-260. (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 8/19/2022. 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 8/19/2022 adopting the 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 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 non-conclusory factual allegations to support any claim against any Defendant; instead, #2 Complaint relies on the bald assertion that Defendants (a business and two of its managerial employees) violated Title VII, the ADEA, and the criminal counterpart to Section 1983, by discriminating against Plaintiff (in the form of termination, unequal employment conditions, and retaliation), based on his race, color, gender/sex, religion, national origin, and age, because one of the managerial-employee Defendants "terminated [Plaintiff's] employment b/c of the reason(s) listed above [i.e., race, color, gender/sex, religion, national origin, and age], and [because Plaintiff] did not sit beside her as she smoked cigarettes and [because Plaintiff] did not like the fact that all white employees mimiced [sic] [Plaintiff's] every move and/or jumped to do what they thought [Plaintiff] would do." Those conclusory 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 All Defendants 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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