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Dolin v. Kindred

United States District Court, E.D. North Carolina, Eastern Division

June 14, 2019

CHRISTOPHER DOLIN, Plaintiff,
v.
JORDAN KINDRED, KAREN CRAIG, JEFFERY NEWTON, and WALTER MINTON Defendants.

          ORDER AND MEMORANDUM AND RECOMMENDATION

          James E. Gates United States Magistrate Judge

         This pro se case is before the court on the application to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1) (D.E. 1) by plaintiff Christopher Dolin (“plaintiff”) and for a frivolity review pursuant to 28 U.S.C. § 1915(e)(2)(B). These matters were referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), respectively. See D.E. dated 4 Apr. 2019. Plaintiff also filed a motion for partial summary judgment, which has been referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B). See D.E. dated 11 June 2019.

         ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS

         The court finds that plaintiff has adequately demonstrated his inability to prepay the required court costs.[1] It is therefore ORDERED that plaintiff's motion to proceed in forma pauperis is ALLOWED.

         MEMORANDUM AND RECOMMENDATION

         I. FRIVOLITY REVIEW

         Having found that plaintiff is financially eligible to proceed in forma pauperis, the court must now undertake a frivolity review of this case, pursuant to 28 U.S.C. § 1915(e)(2)(B). See Denton v. Hernandez, 504 U.S. 25, 27 (1992) (standard for frivolousness). Based on this review and for the reasons stated below, it will be ordered that this litigation proceed against one defendant.

         A. Background

         Plaintiff commenced this action arising under the court's diversity jurisdiction on 4 April 2019. Compl. (D.E. 1-1), Civ. Cover Sheet (D.E. 1-2). His proposed complaint appears to assert claims pursuant to North Carolina state law, although he does not specify his claims by name. See generally Compl.

         Read liberally, as it must be, see Denton, 504 U.S. at 32; White v. White, 886 F.2d 721, 722-23 (4th Cir. 1989), the proposed complaint alleges as follows: Plaintiff's spouse was employed at Riverside Regional Jail Authority (“Riverside”). Id. § III. Defendant Jordan Kindred (“Kindred”) was an officer at Riverside who sexually harassed plaintiff's spouse and pursued a dating and sexual relationship with her. Id. §§ I.B., III. On or about 28 April 2018, Kindred's actions towards plaintiff's spouse resulted in plaintiff leaving the marital residence. Id. §§ II.B.3, III. On 1 September 2018, plaintiff's spouse ended the relationship with Kindred, but Kindred continued to sexually harass her, which included touching, verbal comments, and stalking. Id.§ III. Defendants Karen Craig (“Craig”), Jeffery Newton (“Newton”), and Walter Minton (“Minton”) allowed and openly accepted the sexual harassment by Kindred to be present in the workplace. Id.§ III.B.3. Plaintiff, a citizen of North Carolina, alleges that all defendants are citizens of the state of Virginia. Id. §§ II.B.1, B.2.

         Plaintiff seeks damages for emotional distress, expenses incurred in maintaining separate households, and costs. Id. §§ III.B.3, IV.

         B. Applicable Legal Standards

         1. Frivolity review

         After allowing a party to proceed in forma pauperis, as here, the court must conduct a frivolity review of the case pursuant to 28 U.S.C. § 1915(e)(2)(B). The court must dismiss the complaint if it determines that the action is frivolous or malicious, 28 U.S.C. § 1915(e)(2)(B)(i); fails to state a claim upon which relief can be granted, Id. ยง 1915(e)(2)(B)(ii); or seeks monetary ...


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