ABDULLAH JONES v. ALTON PRILLIMAN, et. al.

District Court, M.D. North Carolina·Decided July 29, 2026·No. 1:25-cv-00651·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ABDULLAH JONES, ) ) Plaintiff, ) ) v. ) 1:25cv651 ) ALTON PRILLIMAN, et. al., ) ) Defendants. ) MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This case comes before the undersigned United States Magistrate Judge for a recommendation on three motions to dismiss (Docket Entries 12, 19, 25) (the “Motions”) for, inter alia, lack of personal jurisdiction (see id.). For the reasons that follow, the Court should dismiss this action as to all Defendants. BACKGROUND Plaintiff Abdullah Jones (the “Plaintiff”), “a North Carolina resident” (Docket Entry 1 (the “Complaint”), ¶ 1), seeks relief for violations of his “civil rights, fraud, and intentional tort[ious conduct]” (id.) against four out-of-state defendants: “Defendant Alton Prill[a]man[, ] an individual and private lender who resides in Roanoke, Virigina” (id. ¶ 5), “Defendant John [ ] Prill[a]man[, ] an attorney . . . [who] resides and practices law in Roanoke, Virginia” (id. ¶ 6 (all-caps font omitted)), “Defendant David B. Carson [(‘Defendant Carson’),] a Virginia Circuit Court [j]udge who, at all relevant times, was presiding in the City of Roanoke Circuit Court” (id. 7 7), and “Defendant Bank of Botetourt [(the ‘Bank’),] a financial institution headquartered in Buchanan, Virginia” (id. 97 8) (collectively, the “Defendants”).' According to the Complaint: “At the core of this case is a materially altered promissory note submitted by Defendant[ ] Alton Prillaman and Defendant John [ ]} Prillaman[,] his son and [a]ttorney[,] to a Virginia state court in a petition for an ex parte injunction” (id. @ 1). “Plaintiff entered into [that] promissory note ... at the office of Defendant Alton Prillaman .. . [in] Roanoke, V[irginia]” (id. { 9) to effect “the closing [of] a multi-property real estate transaction in Danville, Virginia” (id. ¢ 11). After learning of a “delay in closing” (id.), “Defendant Alton Prillaman by counsel Defendant John [ ] Prillaman submitted a Verified Petition For Injunction and Asset Freeze” (id. 7 13; see also Docket Entry 1-2 at 2-15) in Virginia state court, which Defendant Carson thereafter granted (see Docket Entry 1, 47 18; see also id. FI 14 (alleging that the petition “contained multiple material misrepresentations of fact,” including an “altered” promissory note), 24-64 (alleging various deficiencies in Virginia state-court proceedings); Docket

1 As noted in one of the Motions (see Docket Entry 12 at 1 n.1), the Complaint misspells Defendants Alton and John Prillaman’s last name as “Prilliman” (see, e.g., Docket Entry 1, IT 5-6). Further references to those Defendants in this Opinion, including quotations from the Complaint, use the correct spelling and omit alterations.

Entry 1-1 at 2 (attaching copy of original promissory note); Docket Entry 1-3 at 2-6 (attaching copy of temporary injunction order); Docket Entry 1-5 at 2-10 (attaching copy of motion to dissolve injunction); Docket Entry 1-6 at 2 (attaching copy of letter from Plaintiff’s then-attorney to Defendant Carson)). The Bank thereafter received Defendant Carson’s order, which the Complaint alleges “was facially invalid” (Docket Entry 1, ¶ 1; see also id. ¶¶ 18-19 (alleging various conflicts of interest)) and “transmitted to the Bank [ ] by improper and unlawful means” (id. ¶ 1; see also id. ¶ 22 (alleging that the Bank “relied solely on an email transmission [of the order, rather than] a properly served court order”)), and “immediately froze Plaintiff’s accounts without confirming [the order’s] legality or providing notice” (id. ¶ 1), which caused the “collapse of [Plaintiff’s] $1.4 million real estate transaction, the loss of business revenue, and significant financial damage” (id.; see also id. ¶ 27 (alleging that “the freeze [ ] paralyzed Plaintiff’s financial operations, prohibiting routine business transactions and even the ability to pay for basic necessities”); Docket Entry 1-4 at 2-3 (attaching demand letter

from Plaintiff’s then-attorney to Defendant John Prillaman); Docket Entry 1-8 at 2-5 (attaching copies of release and termination of “Danville, VA” real estate contract)). The Complaint further alleges that, “[a]fter the injunction was dissolved” (Docket Entry 1, ¶ 65; accord Docket Entry 1-7 at 2- 3 3), “Defendant Alton Prillaman continued to engage in harassment, intimidation, and coercion . . . to force Plaintiff into a settlement . . . , including placing hundreds of unwanted and repeated phone calls to Plaintiff and Plaintiff’s legal counsel” (Docket Entry 1, @ 65; accord id. {@ 76 (alleging that “Defendant [Alton] Prillaman left a voicemail on Plaintiff’s phone” to “harass[]” Plaintiff)), “unlawfully appear[ing] at the residence of Plaintiff’s minor children approximately 50 times” (id. { 65), and “contact[ing Plaintiff’s] . . . business associate” (id. 7 67; see also id. 97 69 (alleging that “Defendant [Alton] Prillaman issued direct threats” to Plaintiff)). Additionally, the Complaint alleges that “Defendant Alton Prillaman, through [| ] newly retained counsel .. ., initiated a civil lawsuit [against Plaintiff] in [ ] Roanoke County Circuit Court” (id. {7 72; see also Docket Entry 1-9 at 2-9 (attaching copies of summons and complaint) and “reintroduced the same altered note as a central exhibit” (id. 73; accord Docket Entry 1-9 at 10), and that, in the course of that litigation, the “Bank [ ] processed and honored [a] subpoena . . . [for] Plaintiff’s banking records[,] . . . result[ing] ina gross violation of Plaintiff’s right to privacy and due process” (Docket Entry 1, I 79). The Complaint seeks relief against all Defendants for the “[v]iolation of [Plaintiff’s c]Jivil [rJights [u]Jnder 42 U.S.C. §[ ]1983” (id. at 26; see also id. at 26-28 (asserting claims for

“[d]eprivation of [d]ue [p]rocess,” “[a]buse of [p]rocess,” “[f]raud [u]pon the [c]ourt,” and “[i]ntentional [i]nfliction of [e]motional [d]istress”), 30 (asserting claim for “[c]ivil [c]onspiracy”)). Additionally, the Complaint brings claims against “Defendants Alton[ and] John Prillaman and the Bank” (id. at 29) for “[i]nvasion of [p]rivacy and [u]nlawful [d]isclosure of [f]inancial [r]ecords” (id.), and against Defendant Alton Prillaman for “[c]ivil [e]xtortion” (id. at 30) and “[m]aterial [a]lteration of a [n]egotiable [i]nstrument” (id. at 31; see also id. at 32 (asserting same claim against “Defendant Alton Prillaman[’s a]gents”)). Defendants moved to dismiss the Complaint for, inter alia, lack of personal jurisdiction. (See Docket Entry 12 at 1 (requesting dismissal for failure to “establish basis for personal jurisdiction” and, alternatively, “dismiss[al] under Fed[eral] R[ule of] Civ[il] P[rocedure (the ‘Rules’)] 12(b)(3)” in light of Plaintiff’s “sign[ing of] a settlement agreement that encompasses the [Complaint’s] claims . . . and sets the exclusive forum in Roanoke, Virginia”); Docket Entry 20 at 7 (requesting, “pursuant to

Rule 12(b)(1),” dismissal “under the Rooker-Feldman doctrine” and dismissal for “failure to demonstrate personal jurisdiction”), 9 (requesting “dismiss[al] for failure to state a claim”); Docket Entry 25 at 1 (requesting dismissal “pursuant to [ ] Rules [ ] 12(b)(2), (3), and (6)” for “fail[ure] to . . . [establish] 5 personal jurisdiction,” “[improper] venue,” and “fail[ure] to state a claim”).) Should Plaintiff fail to make a prima facie showing of personal jurisdiction over Defendants, “the [C]Jourt need not address the [Motions’ ] remaining arguments for dismissal.” Iannucci _v. Alstate Process Serv., Inc., No. 1:06cv30, 2006 WL 2792228, at *7 (W.D.N.C. Sept. 27, 2006); see also Levi_v. Twentieth Century Fox Film Corp., No. 3:16cv129, 2017 WL 1227933, at *4 n.9 (E.D. Va. Mar. 31, 2017) (“Unless waived, ‘a court must find personal jurisdiction before determining the validity of a claim.’” (alterations omitted) (quoting Guidry v.

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ABDULLAH JONES v. ALTON PRILLIMAN, et. al., (M.D.N.C. 2026).

ABDULLAH JONES v. ALTON PRILLIMAN, et. al. (ABDULLAH JONES v. ALTON PRILLIMAN, et. al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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