Case law

Davis v. Gossnell

District Court, W.D. North Carolina · Apr 15, 2021

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 … 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. Dist.

Norman v. Brown

District Court, W.D. North Carolina · Nov 1, 2022

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 … Bare or conclusory assertions of retaliation are insufficient to establish a retaliation claim. Adams v. Rice, 40 F.3d 72, 74 (4th Cir. 1994).

Tate v. United States

District Court, W.D. North Carolina · Oct 26, 2020

Such a challenge does not qualify for § 2255 review. See generally Daniels v. … that the charge was clearly erroneous; and the conviction was consolidated with a 1999 conviction for possession with intent to sell and deliver cocaine.

Kumagah v. Aldersgate United Methodist Retirement Community, Inc.

District Court, W.D. North Carolina · Dec 27, 2022

ADA Discrimination In analyzing an ADA discrimination claim, “a plaintiff must first establish that he is a ‘qualified individual with a disability’” under the provisions … To establish a prima facie ADA discrimination claim for wrongful discharge, a plaintiff must “provide evidence sufficient to demonstrate that (1) he ‘was a qualified individual with a disability’; (2) he was discharged

Bell v. E. Davis International, Inc.

197 F. Supp. 2d 449 · District Court, W.D. North Carolina · Apr 4, 2002

“To qualify for copyright protection, a work must be original to its author.” Id. However, “in the absence of copyright ... protection, even original creations are in the public domain and may be freely copied.” … “The plaintiff must also establish [he] ‘suffered actual injury as a proximate result of defendant’s misrepresentations’ or unfair conduct”. Id. (citing Ellis v.

Murphy v. Cleveland County

District Court, W.D. North Carolina · Aug 26, 2021

Plaintiff alleges that he has been consistently denied rehire although he was more than qualified for the positions. … Furthermore, Plaintiff, who is proceeding pro se, clearly made diligent attempts to follow the requirements for service.

Williams v. Corpening

District Court, W.D. North Carolina · Nov 12, 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 … To establish a violation of the Eighth Amendment in the context of a challenge to conditions of confinement, an inmate must allege (1) a “sufficiently serious” deprivation under an objective standard and

Fulbright v. Hodges

District Court, W.D. North Carolina · May 12, 2022

to state a claim upon which relief 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

Goulette v. Kalinski

District Court, W.D. North Carolina · Aug 20, 2019

Kalinksi in her official capacity, she is entitled to Eleventh Amendment immunity from damages. Will v. Michigan Dep’t of State Police, 491 U.S. 58, 66 (1989); Biggs v. Meadows, 66 F.3d 56, 61 (4th Cir. 1995). … Plaintiff failed to include a Rule 9(j) expert witness certification as to his medical malpractice allegations, nor did he file a motion to qualify any reviewing expert “with the complaint,” as required by Rule 9(j)(2),

Dale v. North Carolina Department of Public Safety

District Court, W.D. North Carolina · Jan 18, 2023

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 … To establish an Eighth Amendment claim, an inmate must satisfy both an objective component–that the harm inflicted was sufficiently serious–and a subjective component–that the prison official acted with a sufficiently

Hughes v. Propst

District Court, W.D. North Carolina · Jul 27, 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 … 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

Ballard v. Hatley

District Court, W.D. North Carolina · Jun 10, 2020

The North Carolina Department of Public Safety (“NCDPS”) has established a three-step procedure governing submission and review of inmate grievances, which it refers to as the Administrative Remedies … immunity defenses.

Macon

District Court, W.D. North Carolina · Mar 4, 2026

In determining ripeness, “[a] case is fit for judicial decision when the issues are purely legal and 3 In addition to a lack of “ripeness,” FEMA seeks dismissal under Rule 12(b)(1) on the grounds of sovereign immunity … The Fourth Circuit has similarly recognized that the grant of such a remedy involves “the exercise of a very far-reaching power, which is to be applied only in [the] limited circumstances which clearly demand it.”

Woodward v. Davis

District Court, W.D. North Carolina · Sep 21, 2020

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 … “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

Slafka v. Reece

District Court, W.D. North Carolina · Mar 22, 2022

Indeed, the docket fails to establish service of process on any non-appearing Defendant, and the time for service under the applicable Federal Rules of Civil Procedure has long passed. … Personal jurisdiction is clearly lacking on the face of the Amended Complaint, and Plaintiffs have failed to argue otherwise.

Swann v. Charlotte-Mecklenburg Board of Education

300 F. Supp. 1358 · District Court, W.D. North Carolina · Apr 23, 1969

School boards are now clearly charged with the affirmative duty to desegregate schools “now" by positive measures. … of pupils; rules and regulations. — Each county and city board of education is hereby authorized and directed to provide for the assignment to a public school of each child residing within the administrative unit who is qualified

Randolph v. McFadden

District Court, W.D. North Carolina · Mar 17, 2022

As relief, the Petitioner asks the Court to grant him “a just remedy that is entitled to the citizens of our country and state that is clearly provided by the Constitution of the United States and North Carolina.” … Here, the Petitioner has not shown that his case presents those “most narrow and extraordinary of circumstances” that would qualify as an exception to Younger abstention and necessitate federal intervention.

Hudgins v. Buncombe County

District Court, W.D. North Carolina · Mar 23, 2020

In its frivolity review, the Court must determine whether the Amended Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios … As a general matter, “a litigant seeking equitable tolling bears the burden of establishing two elements: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way

Carmona v. Union County Sheriff's Office

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

In doing so, the plaintiff must set forth “specific, non-conclusory factual allegations that establish an improper [discriminatory] motive.” Williams v. … The Fourth Circuit has “rarely, if ever, found that a plaintiff has set forth sufficient facts to establish a section 1985 conspiracy.” Id.

Murray v. Beaver

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