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, ).
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
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