HENDERSON v. CVB INDUSTRIAL

Filing 16

ORDER GRANTING 12 Motion to Dismiss Complaint. Hendersons claims against Tollison are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 12/22/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

ROBERT HENDERSON,
Plaintiff,
v.
CVB INDUSTRIAL and
WILL TOLLISON,
Defendants.

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CIVIL ACTION NO. 5:16-CV-417 (MTT)

ORDER GRANTING DEFENDANT TOLLISON’S MOTION TO DISMISS
Plaintiff Henderson, pro se, filed a complaint alleging age and discrimination
claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title
VII”) and the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq.
(“ADEA”) against his former employer, Defendant CVB Industrial, and supervisor, Will
Tollison. Doc. 1. On October 25, 2016, attorney DeLugas entered his appearance on
Henderson’s behalf. Doc. 8. On November 23, 2016, Defendant Tollison filed a motion
to dismiss (Doc. 12), asserting that: (1) Henderson has not alleged that Tollison is his
employer under Title VII and the ADEA (Doc. 12-1 at 3-4); (2) Henderson’s factual
allegations do not demonstrate any adverse action or discriminatory motive by Tollison
(id. at 5-7); and (3) Henderson’s EEOC complaint against CVB Industrial did not
exhaust Henderson’s administrative remedies as to Tollison (id. at 7-8). Henderson did
not respond.
As this Court has had occasion to note: “A Title VII claim may only be made
against an employee’s “employer.” Hampton v. Macon Bibb Cty. Transit Auth., No.

5:14-CV-111 MTT, 2014 WL 2916849, at *6 (M.D. Ga.). “Similarly, individuals cannot
be held liable under the ADEA.” Tobar v. Fed. Defs. of the Middle Dist. of Ga., Inc., No.
5:12-CV-416 MTT, 2013 WL 441015, at *1 (M.D. Ga.). The Court agrees with Tollison
that Henderson has not alleged that Tollison is his employer under Title VII or the
ADEA. Accordingly, Tollison’s motion to dismiss (Doc. 12) is GRANTED and
Henderson’s claims against Tollison are DISMISSED without prejudice.
SO ORDERED, this 22nd day of December, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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