FREEMAN v. HOTEL EQUITIES INC

Filing 7

ORDER: Plaintiff's hostile work environment claim is DISMISSED without prejudice. Because the Plaintiff has sufficiently alleged an ADEA retaliation claim, the Court ORDERS that the United States Marshal serve a copy of the complaint and supplemental complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/23/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MARCUS M. FREEMAN,
Plaintiff,
v.
HOTEL EQUITIES INC.,
Defendant.

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CIVIL ACTION NO. 5:16-CV-250 (MTT)

ORDER
On July 28, 2016, the Court granted the Plaintiff’s motion to proceed in forma
pauperis and screened the Plaintiff’s complaint (Doc. 1) pursuant to 28 U.S.C. §
1915(a). (Doc. 5). The Plaintiff asserted a retaliation claim pursuant to the Age
Discrimination in Employment Act (“ADEA”) and what appeared to be a hostile work
environment claim. The Court allowed the Plaintiff’s ADEA retaliation claim to go
forward but concluded that his allegations were insufficient to state a hostile work
environment claim. (Id. at 3). The Court ordered the Plaintiff to recast his complaint if
he wished to assert a hostile work environment claim. (Id.). On August 6, 2016, the
Plaintiff supplemented his complaint with additional allegations. However, after
screening the Plaintiff’s supplemental allegations, the Court concludes that the
allegations underlying the alleged hostile work environment claim are still insufficient to
state a claim. Accordingly, the Plaintiff’s hostile work environment claim is DISMISSED
without prejudice.

Because the Plaintiff has sufficiently alleged an ADEA retaliation claim, the Court
ORDERS that the United States Marshal serve a copy of the complaint and
supplemental complaint.
SO ORDERED, this 23rd day of August, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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