Case law

Clark v. United States

District Court, W.D. North Carolina · Nov 15, 2022

To show ineffective assistance of counsel, Petitioner must first establish a deficient performance by counsel and, second, that the deficient performance prejudiced him. See Strickland v. … Courts ordinarily find ineffective assistance for failure to raise claims on appeal only when “ignored issues are clearly stronger than those presented.” Smith v.

Davis v. Scarborough

District Court, W.D. North Carolina · Mar 18, 2022

In its frivolity review, a court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional … Here, the Plaintiff has not established any of the elements that would warrant preliminary injunctive relief.

Benanti v. Poynter

District Court, W.D. North Carolina · Sep 11, 2020

An affirmative defense such as res judicata may be raised under Rule 12(b)(6) “only if it clearly appears on the face of the complaint.” Richmond, Fredricksburg & Potomac R. Co. v. … Paulk, 566 U.S. 356, 367 (2012) (holding that “[t]hese factors that justify absolute immunity for trial witnesses apply with equal force to grand jury witnesses.”).

Jones v. Haire

District Court, W.D. North Carolina · Oct 20, 2020

In its frivolity review, a court must determine whether a complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional … Plaintiff will be required to identify Defendants John Doe and Jane Doe, at the latest, by the deadline for adding parties and filing motions to amend, which will be established in a future order.

Bumgardner-Lockamy v. Logan

District Court, W.D. North Carolina · Apr 25, 2023

In its frivolity review, this Court must determine whether a complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional … The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech….” U.S. Const.

Gaddy v. Alexander Correction Institution

District Court, W.D. North Carolina · Oct 15, 2024

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. Richmond City Police Dep’t, 947 F.2d 733 (4th Cir. 1991) (applying prisoner mailbox rule to § 1983 case). … In its frivolity review, a court must determine whether a complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios.

Pearson v. Barker

District Court, W.D. North Carolina · Jan 16, 2024

and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional

Revis v. Buchanan

District Court, W.D. North Carolina · Jan 16, 2024

claims or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … However, “the Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.” Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994).

Perez v. Morrison

District Court, W.D. North Carolina · Aug 16, 2022

may be granted; or seeks monetary relief from a defendant who is immune to such relief. 28 U.S.C. § 1915A. … In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional

Threatt v. United States

District Court, W.D. North Carolina · Feb 18, 2020

He was clearly charged with one count of aiding and abetting Hobbs Act robbery and one count of possessing a firearm in furtherance of aiding and abetting Hobbs Act robbery. [CR Doc. 1]. … McDaniel, 529 U.S. 473, 484 (2000) (when relief is denied on procedural grounds, a petitioner must establish both that the dispositive procedural ruling is debatable and that the petition states a debatable

Artis v. GardaWorld Cash Service Inc.

District Court, W.D. North Carolina · Aug 28, 2025

at 424–425 (to establish injury in fact, plaintiff’s allegations must be sufficient to show he suffered a concrete harm); see Friends of the Earth, Inc. v. … Case law considering the issue has generally determined that “unpaid employer contributions are not assets of a fund [or Plan] unless the agreement between the fund and the employer specifically and clearly

Corey v. Madden

District Court, W.D. North Carolina · Jun 7, 2021

and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … Rather, to establish liability under § 1983, a plaintiff must show that the defendant “acted personally” to cause the alleged violation. See Vinnedge v.

Agee v. Church

District Court, W.D. North Carolina · Jun 9, 2022

claims or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … The North Carolina Department of Public Safety (NCDPS) has established, in its Administrative Remedies Procedures (“ARP”), a three-step procedure governing submission and review of inmate grievances.

Washington v. Cedar Fair Entertainment Company, L.P.

District Court, W.D. North Carolina · Feb 1, 2023

Sept. 20, 2021) When service of process is challenged, the plaintiff bears the burden of establishing that process was sufficient and that service of process was effectuated in accordance with … Therefore, Plaintiff clearly did not meet North Carolina Rule of Civil Procedure 4(a)’s requirements for service of summons and the action is abated.

Grant v. United States

District Court, W.D. North Carolina · May 19, 2020

The Fourth Circuit affirmed this Court’s judgment, finding no reversible error on Petitioner’s evidentiary arguments and holding that this Court did not “clearly err” in considering the 2005 conviction a predicate offense … Futility does not establish cause to excuse procedural default. See Whiteside v.

Dale v. North Carolina Department of Public Safety

District Court, W.D. North Carolina · Jan 3, 2023

claims or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … Stroud, 13 F.3d 791 (4th Cir. 1994), however, supervisory liability may attach under § 1983 if a plaintiff can establish three elements: (1) the supervisor had actual or constructive knowledge that his subordinate

Michelson v. Wellpath

District Court, W.D. North Carolina · Aug 2, 2021

a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see 28 U.S.C. … In its frivolity review, a court must determine whether the Second Amended Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such

Evans v. Buffaloe

District Court, W.D. North Carolina · Nov 2, 2023

review and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker v. S.C.

Franklin v. Lincoln County Sheriff

District Court, W.D. North Carolina · Apr 20, 2021

and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … Rather, to establish liability under § 1983, a plaintiff must show that the defendant “acted personally” to cause the alleged violation. See Vinnedge v.

Massey v. Goins

District Court, W.D. North Carolina · Nov 14, 2019

review and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional