Mauney v. Obama et al

Filing 6

ORDER dismissing claims against Fox Charlotte WCCB TV Channel 18, Barack Obama (Campaign for Change), David Plouffe (Obama's Campaign Manager), Bahakel Communications, LTD. and Charlotte Mecklenburg Police Department. ( Plaintiff's Motion to Amend Complaint due by 12/13/2011.). Signed by Chief Judge Robert J. Conrad, Jr on 11/29/11. (Pro se litigant served by US Mail.)(gpb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-215-RJC-DCK
FRED W. MAUNEY, JR.,
Plaintiff,
v.
BARACK OBAMA, and CAMPAIGN FOR CHANGE,
DAVID PLOUFFE, Obama’s Campaign Manager,
CRICKET/BOJANGLES COLISEUM, CHARLOTTE
REGIONAL VISITOR’S AUTHORITY, CHARLOTTEMECKLENBURG POLICE DEPARTMENT, EXPOLICE CHIEF DARREL STEPHENS, OFFICERS
DOES 1 thru 20, FOX CHARLOTTE, WCCB_TV
CHANNEL 18, BAHAKEL COMMUNICATIONS LTD.,
SECURITY OFFICER ??, PATRICK L. McCRORY,
Mayor, City of Charlotte, SUSAN BURGESS, Mayor Pro
Tem, ANTHONY FOXX, Charlotte City Council, JOHN
LASSITER, Charlotte City Council, EDWIN B.
PEACOCK, III, Charlotte City Council, PATSY B.
KINSEY, Charlotte City Council, JAMES E.
MITCHELL, JR., Charlotte City Council, WARREN
TURNER, Charlotte City Council, MICHAEL BARNES,
Charlotte City Council, NANCY G. CARTER, Charlotte
City Council, ANDY DULIN, Charlotte City Council, and
WARREN COOKSEY, Charlotte City Council.
Defendant.

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ORDER

THIS MATTER comes before the Court on its motion following the grant of pro se
Plaintiff Fred W. Mauney, Jr.’s (“Plaintiff”) “Application to Proceed in District Court Without
Prepaying Fees or Costs.” (Doc. No. 5). 28 U.S.C. § 1915(e) provides that the Court must
dismiss Plaintiff’s case if it determines that it “(i) is 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 from such relief.” Because Plaintiff has a history of filing frivolous suits, the Court

stayed service of process against the defendants pending the Court’s review of Plaintiff’s
complaint. (Doc. No. 5 at 1, 1 n.1).
Plaintiff’s allegations against Defendants Barack Obama (“Obama”), Campaign for
Change (“Campaign”), David Plouffe (“Plouffe”), Fox Charlotte (“Fox”), Bahakel
Communications Ltd. (“Bahakel”), and the Charlotte-Mecklenburg Police Department
(“CMPD”) must be dismissed as frivolous.
Only state actors may be charged with violations of Section 1983. Lugar v. Edmondson
Oil Co., 457 U.S. 922, 937 (1982). Obama, the Campaign, Plouffe, Fox, and Bahakel are not
state actors. Plaintiff’s allegations against these defendants are DISMISSED.
CMPD is not a proper party to a suit under North Carolina law. Ellison v. Elledge, No.
3:10-cv-157-1, 2010 WL 1506904, at *1 (W.D.N.C. Apr. 14, 2010) (Mullen, J.) (citing Jones v.
City of Greensboro, 277 S.E.2d 562, 576 (N.C. Ct. App. 1981), overruled on other grounds by
Fowler v. Valencourt, 435 S.E.2d 530 (N.C. 1993)). Therefore, Plaintiff’s claims against CMPD
are DISMISSED.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
the Plaintiff, who is proceeding pro se, that his case against the remaining defendants may be
dismissed in whole, or in part, upon the Court’s initial review. While Plaintiff has already
exercised his opportunity to “amend [his] pleading once as a matter of course,” the Court will
entertain a motion to further amend his allegations against the remaining defendants if filed
within fourteen (14) days of the date of this Order. See FED . R. CIV . P. 15. The Court will grant
Plaintiff leave to file a third amended complaint should justice so require. The Plaintiff’s
failure to amend his complaint with more particularized allegations may result in the
dismissal of the Complaint with prejudice.
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IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s claims against Defendants Barack Obama, Campaign for Change,
David Plouffe, Charlotte-Mecklenburg Police Department, Fox Charlotte, and
Bahakel Communications Ltd. are DISMISSED; and

2.

Plaintiff shall have fourteen (14) days from the date of this Order to file a motion
to amend his complaint to include more particularized allegations.

Signed: November 29, 2011

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