Allen v. Coffey

Full title: DERRICK ALLEN, Plaintiff-Appellant, v. N. COFFEY, Police Officer…

Court: United States Court of Appeals, Fourth Circuit

Date published: Jan 4, 2022

No. 21-1934 (4th Cir. Jan. 4, 2022)

Opinion

21-1934

01-04-2022

DERRICK ALLEN, Plaintiff-Appellant, v. N. COFFEY, Police Officer, Defendant-Appellee, and CARY'S POLICE DEPARTMENT; TONI DEZOMITS, Police Chief, Defendants.

Derrick Michael Allen, Sr., Appellant Pro Se. John Thomas Crook, BAILEY & DIXON, Raleigh, North Carolina, for Appellee.

PER CURIAM

UNPUBLISHED

Submitted: December 13, 2021

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:20-cv-00144-BO)

Derrick Michael Allen, Sr., Appellant Pro Se.

John Thomas Crook, BAILEY & DIXON, Raleigh, North Carolina, for Appellee.

Before AGEE, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Derrick Allen appeals the district court's order dismissing his 42 U.S.C. § 1983 complaint, denying his motion to appoint counsel, and denying leave to amend his complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially for the reasons stated by the district court. Allen v. Coffey, No. 5:20-cv-00144-BO (E.D. N.C. Aug. 19, 2021).

This appeal is the latest of nearly two dozen unsuccessful appeals that Allen has filed in the last two years. Moreover, Allen has recently increased the frequency of his filings, as there are over a dozen other appeals currently pending in this Court. Accordingly, we order Allen to show cause why he should not be monetarily sanctioned for his excessive filing and why he should not be enjoined from filing further appeals, petitions, and motions relating to any civil matter in this court unless any sanctions are paid and a district court judge certifies that the appeal Allen seeks to file is not frivolous.

We direct Allen to file his response to this order to show cause no later than 21 days after the date of this opinion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED