ALLEN v. GUILFORD COUNTY SHERIFF OFFICE
| DERRICK ALLEN |
| GUILFORD COUNTY SHERIFF OFFICE |
| 1:2022cv00748 |
| September 8, 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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| Document Text |
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| Filing 9 USCA Pre-filing review case docketed re #7 Notice of Appeal Without Fee Payment filed by DERRICK ALLEN. USCA Case Manager: Ashley Brownlee. USCA Case Number 22-296. (Sheets, Jamie) |
| Filing 8 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #7 Notice of Appeal Without Fee Payment. (Sheets, Jamie) |
| Filing 7 NOTICE OF APPEAL Without Fee Payment as to #6 Judgment, by DERRICK ALLEN. (Sheets, Jamie) |
| Filing 6 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 10/6/2022 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. (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 9/27/2022. Objections to R&R for Pro Se due by 9/30/2022. (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 09/12/2022. (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. First, #2 Complaint lacks any factual allegations showing that any policy or custom of Defendant Guilford County Sheriff Office caused any alleged violations of the Eighth and Fourteenth Amendments of the United States Constitution (as made actionable via 42 U.S.C. s 1983) or that said Defendant engaged in any racial discrimination in connection with any real or personal property transaction (as proscribed by 42 U.S.C. s 1982). Second, #2 Complaint relies entirely on conclusory allegations that an unnamed deputy (of Plaintiff's race) engaged in racial profiling by failing to stop a driver of a different race for speeding, but following (albeit without ever stopping) Plaintiff. Most notably, nothing in #2 Complaint shows that the deputy in question knew the race of the driver who allegedly engaged in speeding, that the deputy realized that said driver had engaged in speeding, or that the deputy followed Plaintiff because of his race. In connection with many prior actions, the Court repeatedly has advised Plaintiff of each of the foregoing requirements/prohibitions (i.e., the custom/policy requirement for claims against local governments, the requirements of Section 1982, 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 09/12/2022. (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 GUILFORD COUNTY SHERIFF OFFICE, filed by DERRICK ALLEN. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| Filing 1 APPLICATION to Proceed IFP by DERRICK ALLEN. (Sheets, Jamie) |
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