Lucas v. Molten, Allen & Williams

Filing 5

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/27/2016. (JLC)

FILED
2016 Apr-27 PM 04:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID LUCAS,
Plaintiff,
v.
MOLTEN, ALLEN, & WILLIAMS,
Defendant.

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Case No.: 2:16-cv-00556-VEH-JEO

MEMORANDUM OPINION
The Plaintiff has filed a motion to proceed in forma pauperis (doc. 2). See 28
U.S.C.§ 1915(a)(1); see also Floyd v. United States Postal Serv., 105 F.3d 274, 276
(6th Cir. 1997) (both prisoners and non-prisoners are eligible for relief under §
1915(a)(1).). On the basis of the affidavit submitted in support of the motion, the Court
determines that the Plaintiff is indigent. Accordingly, the motion will be granted.
Section 1915(e) provides that “[n]otwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss the case at any time if the court
determines that . . . the action . . . is frivolous or . . . fails to state a claim on which relief
may be granted[.]” 28 U.S.C. § 1915(e)(2)(B)(i), (ii).

In the instant case, the plaintiff

seeks relief under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., for “accrued
overtime compensation not paid[] . . . in 1992/1993.” (Doc. 1 at 5; see also doc. 1
generally). “The

statute of limitations for claims seeking unpaid overtime wages

generally is two years, but if the claim is one ‘arising out of a willful violation,’ another
year is added to it. 29 U.S.C. § 255(a). Alvarez Perez v. Sanford-Orlando Kennel Club,
Inc., 515 F.3d 1150, 1162 (11th Cir. 2008). Under either of these time periods, the
plaintiff’s claim is time barred, and thus fails to state a claim upon which relief may be
granted. The plaintiff’s action will therefore be dismissed by separate order.
DONE and ORDERED this 27th day of April, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge