WALKER v. ALDI FOOD MARKET INC et al
ORDER: The Plaintiff is ordered to file an amended complaint complying with these requirements within 14 days of receipt of this Order. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 4/13/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
TRACY LATRICE WALKER,
ALDI FOOD MARKET Inc., et al.,
CIVIL ACTION NO. 5:17-CV-3 (MTT)
The Court previously granted the Plaintiff’s Motion to Proceed In Forma Pauperis
and, pursuant to 28 U.S.C. § 1915(e)(2)(B), ordered the Plaintiff to amend her complaint
to state a claim for relief. Doc. 5. The Plaintiff timely filed her Amended Complaint
(Doc. 6). Therefore, because the Plaintiff is proceeding pro se, the Court must now
review her Amended Complaint and dismiss the complaint if it (1) is frivolous or
malicious, (2) fails to state a claim upon which relief may be granted, or (3) seeks
monetary relief against a defendant who is immune from such relief. 28 U.S.C.
In Plaintiff’s first Complaint, she states that she is suing under Title VII of the Civil
Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.) based on race discrimination and
retaliation but provides no facts to support those allegations. Doc. 1 at 3-4. In her
Amended Complaint (Doc. 6), the Plaintiff states she was discriminated against “due to
my race” because she was asked to “clean restrooms [and] take trash out as well as
scrub floors” more than other employees. Id. at 11. Similarly, the Plaintiff states she
was subjected to “derogatory statements made to me in regards to Sexual Invitation, as
well as Racial statements.” Id. at 12. However, beyond these sparse statements, the
Plaintiff’s Amended Complaint fails to coherently support her allegations that she was
subjected to race discrimination. The majority of the amended complaint consists of
photocopies of the Aldi Store Employee Handbook, which the plaintiff annotated (Doc. 6
at 3-9); copies of the Plaintiff’s employee schedule (Id. at 13-16); and a list of dates and
incidents at work that, but for the two conclusory allegations discussed above, do not
appear to relate to her allegations of discrimination. (Id. at 11-12, 17, 20-30).
In light of the fact that the 90 day period following Plaintiff’s receipt of her EEOC
right to sue letter has now passed, the Court affords the Plaintiff another chance to
amend her complaint to coherently state a claim for relief. Her amended Complaint
must comply with the Federal Rules of Civil Procedure. For each claim the Plaintiff
states, she shall lay out the elements of those claims and state with specificity the facts
that satisfy each element. Mere conclusory statements will not suffice. Further, she
should state each allegation in separately numbered paragraphs. See Fed. R. Civ. P.
10. Only facts supporting her claims of race discrimination or retaliation should be
included—discussion of other job-related problems or complaints that do not address
her claims of race discrimination or retaliation should be omitted. The Plaintiff is
ordered to file an amended complaint complying with these requirements within 14
days of receipt of this Order.
SO ORDERED, this 13th day of April, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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