David Lee Prince, Jr. v. Robert M. Haley, 23 F.3d 402 (4th Cir. 1994). · Go Syfert
Search
David Lee Prince, Jr. v. Robert M. Haley, 23 F.3d 402 (4th Cir. 1994). Cases Citing This Book View Copy Cite
“claim that conspired with various state actors is a bald allegation which may properly be dismissed”
64 citation events (10 in the last 25 years) across 16 distinct courts.
Strongest positive: Braun v. Braun (ncwd, 2023-05-03)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (quoted) Braun v. Braun
W.D.N.C. · 2023 · quote attribution · 1 verbatim quote · confidence low
claim that conspired with various state actors is a bald allegation which may properly be dismissed
cited Cited as authority (rule) Jennings v. Parole Board of Virginia
E.D. Va. · 1999 · confidence medium
Sand v. Murray, 23 F.3d 402, 402 (4th Cir.1994) (unpublished).
discussed Cited "see" U.S. Department of Health & Human Services, and Great Lakes Higher Education Servicing Corporation, Agent for Associated Bank v. Zane Todd Smitley (2×)
4th Cir. · 2003 · signal: see · confidence high
See id. at 1149 (citing, inter alia, In re Malloy, 155 B.R. 940, 945 (E.D.Va.1993), aff'd, 23 F.3d 402 (4th Cir. 1994) (unpublished)); see also United States v. Wood, 925 F.2d 1580, 1583 (7th Cir.1991) (noting that unconscionability is a "higher standard" than undue hardship).
discussed Cited "see" Rodgers v. Ohio College of Podiatric Medicine (Rodgers)
Bankr. S.D. Ohio · 2000 · signal: accord · confidence high
The Rice court further concluded that this definition imposes a standard that is “significantly more stringent than the ‘undue hardship’ standard established for the discharge of educational loans [under section 523(a)(8) of the Bankruptcy Code].” Id.; Accord, In re Malloy, 155 B.R. 940, 945 (E.D.Va.1993) aff'd 23 F.3d 402 (4th Cir.1994)(Table); Hines v. United States (In re Hines), 63 B.R. 731, 736 (Bankr.D.S.D.1986).
cited Cited "see" DeMartinez v. DEA
4th Cir. · 1997 · signal: see · confidence high
See Gutierrez de Martinez v. Lamagno, 23 F.3d 402 (4th Cir. 1994) (per curiam) (unpublished).
cited Cited "see" Gutierrez de Martinez v. Drug Enforcement Administration
4th Cir. · 1997 · signal: see · confidence high
See de Martinez v. Lamagno, 23 F.3d 402 (4th Cir.1994) (per curiam) (unpublished).
cited Cited "see" Katia Gutierrez De Martinez v. Drug Enforcement Administration
4th Cir. · 1997 · signal: see · confidence high
See de Martinez v. Lamagno, 23 F.3d 402 (4th Cir.1994) (per curiam) (unpublished).
discussed Cited "see" In Re Ronald L. Rice and Deborah F. Rice, Debtors. Ronald L. Rice v. United States
6th Cir. · 1996 · signal: see · confidence high
See In re Malloy, 155 B.R. 940, 945 (E.D.Va.1993) (finding the un-eonscionability standard to be “stricter” than the undue hardship standard), aff'd, 23 F.3d 402 (4th Cir.1994) (Table); see also Hines v. United States (In re Hines), 63 B.R. 731, 736 (Bankr.D.S.D.1986) (finding unconscionability to be a “higher standard” than undue hardship).
cited Cited "see" South Carolina Rentals, Inc. v. Arthur
D.S.C. · 1995 · signal: see · confidence high
See In re Malloy, 155 B.R. 940, 944 (E.D.Va.1993), aff'd, 23 F.3d 402 (4th Cir.1994).
discussed Cited "see" Barrows v. Illinois Student Assistance Commission (In Re Barrows)
Bankr. D.N.H. · 1994 · signal: see · confidence high
See In re Malloy, 155 B.R. 940 (E.D.Va.1993), aff'd, 23 F.3d 402 (4th Cir.1994) (unpublished decision affirming “for the reasons stated” in the lower court opinion); Cf. also Matthews v. Pineo, 19 F.3d 121 (3rd Cir.1994) (denying discharge under the comparable “unconscionable” requirement for discharge of student loan obligations under the National Health Service Corps Scholarship Program).
Retrieving the full opinion text from the archive…
David Lee Prince, Jr.
v.
Robert M. Haley
93-6386.
Court of Appeals for the Fourth Circuit.
May 4, 1994.
23 F.3d 402
Cited by 1 opinion  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: W.D. North Carolina (1)

23 F.3d 402
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

David Lee PRINCE, Jr., Plaintiff Appellant,
v.
Robert M. HALEY, Defendant Appellee.

No. 93-6386.

United States Court of Appeals, Fourth Circuit.

Submitted: June 23, 1993
Decided: May 4, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Chief District Judge. (CA-92-1794-AM).

David Lee Prince, Jr., Appellant Pro Se.

E.D.Va.

AFFIRMED.

Before WIDENER, WILKINSON, and HAMILTON, Circuit Judges.

PER CURIAM:

1

David Lee Prince appeals the district court's dismissal, pursuant to 28 U.S.C.A. Sec. 1915(d) (West 1966), of his complaint filed pursuant to 42 U.S.C. Sec. 1983 (1988). Prince filed suit against Robert M. Haley, who represented Prince in a state habeas corpus proceeding. Prince alleged that Haley was ineffective in his representation, and conspired with the prosecutor, the judge, the trial attorney, and an assistant attorney general to deprive him of his rights.

2

After giving Prince an opportunity to show cause why the complaint should not be dismissed as frivolous, the district court concluded that Haley was not a state actor under Sec. 1983. We agree. Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982). Prince's claim that Haley conspired with various state actors is a bald allegation which may properly be dismissed pursuant to Sec. 1915(d). See Phillips v. Mashburn, 746 F.2d 782 (11th Cir.1984). The district court acted within its discretion in dismissing this action as frivolous. Denton v. Hernandez, 60 U.S.L.W. 4346 (U.S.1992). 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.

3

AFFIRMED.