Alvarez v. Google, Inc.

Filing 7

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 9/7/2017. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 9/7/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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MANUEL ALVAREZ CABELLO
RAMIREZ,

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Plaintiff,

Case No. 17-cv-03266-MEJ
ORDER OF DISMISSAL

v.
GOOGLE, INC.,
Defendant.

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Manuel Alvarez Cabello Ramirez, a prisoner at the Federal Correctional Institution in
Herlong, California, filed this pro se action against his former employer—Google, Inc.—alleging
employment discrimination. A review of the complaint shows that Mr. Ramirez is attempting to
bring this action on behalf of the United States under the enforcement provisions of the Civil
Rights Act of 1964, which established the Equal Employment Opportunity Commission
(“EEOC”), 42 U.S.C. § 2000e et. seq.
Mr. Ramirez’s claim cannot proceed at this time because the enforcement provisions
require that the civil action be brought by EEOC itself. Id. § 2000e-5(f)(1). If Mr. Ramirez seeks
to bring an employment discrimination claim under federal law, he first must exhaust the
administrative process at the EEOC, as set forth in 29 C.F.R. Part 1614. Mr. Ramirez has made no
allegation or shown that he has complied with this exhaustion requirement.

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Accordingly, this action is DISMISSED without prejudice to Mr. Ramirez filing an

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employment discrimination claim in state court, or filing a new federal action after he has

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exhausted his administrative remedies.

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IT IS SO ORDERED.

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Dated: September 7, 2017

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MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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