Williams v. City of Level Plains, Alabama

Filing 23

(VACATED PURSUANT TO THE COURT'S 26 JUDGMENT) OPINION. Signed by Honorable Judge Myron H. Thompson on 9/28/2017. (wcl, ) Modified on 9/28/2017 (wcl, ).

Download PDF
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION JOHNNY L. WILLIAMS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CITY OF LEVEL PLAINS, ALABAMA, Defendant. CIVIL ACTION NO. 1:16cv984-MHT (WO) OPINION Plaintiff filed this lawsuit asserting race and age discrimination and retaliation, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act, 29 U.S.C § 621 et seq. court on the This lawsuit is now before the recommendation of the United States Magistrate Judge that defendant’s motion to dismiss be granted and prejudice. that plaintiff’s case be dismissed with In the recommendation, the Magistrate Judge also denied the plaintiff’s request to file an amended complaint because it was cursory and not filed in accordance with the Federal Rules of Civil Procedure of the court’s local rules. There are no objections to the recommendation. After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation exception. possible should that, if plead valid given complaint claim based discharge, adopted with the following Because the plaintiff is pro se and it is amended a be with the additional retaliation on and his in opportunity claim or discipline, the interest to detail, a file he could discrimination demotion, of an and/or justice, the dismissal of those claims will be without prejudice and with leave to file an amended complaint. See Fed. R. Civ. P 15(a)(2) (“The court should freely give leave [to amend] when justice so requires.”). The magistrate judge will set a schedule for plaintiff to file an amended complaint. An appropriate judgment will be entered. DONE, this the 28th day of September, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?