No. 20-7302

Derrick Michael Allen, Sr. v. Rentgrow, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2021-03-02
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: amendment civil-procedure civil-rights dismissal diversity-jurisdiction due-process federal-court jurisdiction legal-claim procedural-rules standing
Latest Conference: N/A
Question Presented (from Petition)

WHETHER THE U.S. COURT OF APPEALS AFFIRMED THE DISTRICT COURT JUDGE THOMAS D. SCHROEDER'S DISMISSAL OF ALL CLAIM(S) BROUGHT AGAINST RENTGROW AND DISMISSAL OF THE COMPLAINT AGAINST CORPORATION SERVICE COMPANY ON THE GROUNDS THAT THE ACTION OR APPEAL (i) IS FRIVOLOUS OR MALICIOUS; (ii) FAIL TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED; OR (iii) SEEK MONETARY RELIEF FROM A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF AND JURISDICTION PURSUANT TO FED. R. CIV. P. RULE 12(b), WHEN IN FACT BOTH RENTGROW AND CORPORATION SERVICE COMPANY ARE ENTITIES ESTABLISHED OUTSIDE THE STATE OF NORTH CAROLINA THEREBY MEETING THE REQUIREMENT OF DIVERSITY OF CITIZENSHIP.

WHETHER FAILURE TO PERMIT LAYMAN TO AMEND HIS COMPLAINT FOR A SECOND TIME PURSUANT TO FED. R. CIV. P. 15(a)(2) INFRINGES THE EQUAL PROTECTION OF LAWS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE UNITED CONSTITUTION.

Question Presented (AI Summary)

Whether the district court erred in dismissing the complaint against the defendant(s) for lack of subject matter jurisdiction

Docket Entries

2021-04-01
Petition Dismissed - Rule 46.
2021-03-29
Stipulation to dismissal pursuant to Rule 46.1 filed.
2021-03-08
Waiver of right of respondents Rentgrow, Inc., et al. to respond filed.
2021-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2021)

Attorneys

Derrick Michael Allen, Sr.
Derrick Michael Allen Sr. — Petitioner
Rentgrow, Inc., et al.
Bonnie Keane DelGobboBaker & Hostetler LLP, Respondent