Case law

Best-Edmonds

District Court, W.D. North Carolina · Sep 3, 2026

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 … 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 scenarios.

Suttles-Barden v. United States

District Court, W.D. North Carolina · Mar 4, 2020

As such, Petitioner’s convictions under §§ 924(c) and (o) were clearly based on both Hobbs Act conspiracy and drug trafficking conspiracy. … 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 claim of

Whitener v. The Rutherford County Detention Center

District Court, W.D. North Carolina · Sep 21, 2021

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 … When a district court dismisses all claims independently qualifying for the exercise of federal jurisdiction, it “ordinarily dismiss[es] all related state claims.” Artis v.

Cox v. Mecklenburg County Jail

District Court, W.D. North Carolina · Jun 17, 2019

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 … “To establish that a health care provider’s actions constitute deliberate indifference to a serious medical need, the treatment must be so grossly incompetent, inadequate, or excessive as to shock the conscience or to

Jones v. Rickman

District Court, W.D. North Carolina · May 9, 2019

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 scenarios. … To obtain a preliminary injunction, the plaintiff must establish (1) that he is likely to succeed on the merits; (2) that he is likely to suffer irreparable harm in the absence of preliminary relief; (3) that the balance

Aalaam v. Conley

District Court, W.D. North Carolina · Oct 21, 2024

Therefore, Plaintiff cannot establish either federal question or diversity jurisdiction and this case must be dismissed. III. … And, the fifth action – also related to Plaintiff’s divorce – asserts clearly barred claims against the North Carolina state court judge who presided over that case (and is thus immune from claims arising out of his rulings

Haburjak v. Prudential Bache Securities, Inc.

759 F. Supp. 293 · District Court, W.D. North Carolina · Mar 8, 1991

As to the argument that any statement by Jarman was qualified privilege, Defendant must demonstrate that the statements to former clients of Plaintiff were made in good faith in rendering investment advice. … Defendant believes that Plaintiff has failed to establish that its behavior amounts to “extreme and outrageous conduct”.

Thomas v. Pansy Ellen Products, Inc.

672 F. Supp. 237 · District Court, W.D. North Carolina · Oct 14, 1987

Defendant moved for partial summary judgment, claiming that the undisputed facts establish that Plaintiff is not entitled to §§ 504 and 505 damages by virtue of § 412. … Clearly, the Dallas trade show is closer to the private club involved in Ackee than to the hunting party in Streeter .

O'Kelly v. Brown

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

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 … 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

Williams v. Myler Disability, LLC

District Court, W.D. North Carolina · Nov 12, 2020

Ed. 2d 571 (2016), as revised (Feb. 9, 2016) (“A text message to a cellular telephone, it is undisputed, qualifies as a “call” within the compass of § 227(b)(1)(A)(iii). … The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements.

Jenkins v. United States

District Court, W.D. North Carolina · Jul 13, 2020

Petitioner’s argument that counsel should have objected that the government “never came forward with any evidence to establish that it was NOT clearly improbable that the firearms were connected to the offense” [Doc … As previously stated, there was adequate evidence to support the enhancement and it was Petitioner’s burden to establish that it was clearly improbable that the firearms were connected to the offense.

Jones v. Union County Sheriff Office/Jail

District Court, W.D. North Carolina · Aug 21, 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 … 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

Braun v. Braun

District Court, W.D. North Carolina · Mar 20, 2023

If Plaintiff fails to establish jurisdiction, the Court will dismiss the Complaint for lack of jurisdiction. II. … North Carolina law defines the unauthorized practice of law as an individual holding himself out “as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising

Metzger v. Randall

District Court, W.D. North Carolina · Oct 4, 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 … “It is well established that when police stop an automobile, even if only for a limited purpose and for a brief period, they have seized the occupants of that vehicle within the meaning of the Fourth Amendment.”

Judd v. Langford

District Court, W.D. North Carolina · Oct 1, 2019

determine whether it is subject to dismissal on the grounds that it is “(i) frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … “To establish that a health care provider’s actions constitute deliberate indifference to a serious medical need, the treatment must be so grossly incompetent, inadequate, or excessive as to shock the conscience or to be

Delk v. ArvinMeritor, Inc.

179 F. Supp. 2d 615 · District Court, W.D. North Carolina · Jan 2, 2002

As such, Plaintiff fails to establish a prima facie case of retaliatory discharge. … None of the Defendant’s conduct qualifies as “utterly intolerable in a civilized community.”

Hoots v. Miller

District Court, W.D. North Carolina · Jun 8, 2022

In its frivolity review, the 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 … Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (to establish liability under § 1983, a plaintiff must show that the defendants “acted personally” to cause the alleged violation); Monell, 436 U.S. at 691 (“a municipality cannot

Greene v. Dye

District Court, W.D. North Carolina · Nov 8, 2021

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 … “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).

Sanders v. Tyco Electronics Corp.

235 F.R.D. 315 · District Court, W.D. North Carolina · Apr 12, 2006

Plaintiff, therefore, failed to establish that she had exhausted her administrative remedies or initiated suit within the applicable time period. … I am more qualified that (sic) the white male who was selected for the position.

Davenport v. Ralph N. Peters & Co.

274 F. Supp. 99 · District Court, W.D. North Carolina · Oct 8, 1966

Clearly, the defendants had the right (which they exercised) to defend on the merits and, at the same time, to object to the jurisdiction of the court. Rule 12(b). … Even so, interstate movement was sufficiently interrupted when the oil was stored in Charlotte that it lost the immunity acquired by property in transit and became subject to state taxation.