Meuse v. McDonald (JOINT ASSIGN)(MAG+)
OPINION AND ORDER (1) ADOPTING 17 REPORT AND RECOMMENDATION of the Magistrate Judge, with the exception set forth; (2) plf's claims are dismissed without prejudice and with leave to file an amended complaint by 10/21/2016; further ORDERING that no costs are taxed; this case is not closed, and is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/30/16. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ROBERT A. MCDONALD,
Secretary of Veterans
CIVIL ACTION NO.
OPINION AND ORDER
Pursuant to Title VII, plaintiff filed this lawsuit
alleging discrimination on the basis of race, color,
and gender during her employment at the Department of
Veterans Affairs, including a hostile-environment claim
and a constructive-discharge claim.
This lawsuit is
United States Magistrate Judge that plaintiff’s claims
be dismissed for failure to state a claim.
independent and de novo review of the record, the court
should be dismissed without prejudice and with leave to
A pro se plaintiff “must be given at least one
chance to amend the complaint before the district court
dismisses the action with prejudice.”
Bank v. Pitt,
Corp., 314 F.3d 541, 542 (11th Cir. 2002) (en banc);
see also Carter v. HSBC Mortgage Servs., Inc., 622 F.
App'x 783, 786 (11th Cir. 2015) (explaining that Bank
is controlling law for pro se plaintiffs).
two caveats to this rule, in which leave to amend is
not required: “(1) where the plaintiff has indicated
that she does not wish to amend her complaint; and (2)
state a claim and is, therefore, futile.”
F. App'x at 786.
prejudice and with leave to amend, because plaintiff
potentially could allege a viable claim by amending her
Accordingly, it is ORDERED that:
exception set forth above.
prejudice and with leave to file an amended complaint
by October 21, 2016.
It is further ORDERED that no costs are taxed.
This case is not closed, and is referred back to
the Magistrate Judge for further proceedings.
DONE, this the 30th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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