Bell v. LNU et al

Filing 8

ORDER for Plaintiff to submit his amended complaint in accordance with the instructions previously provided to him. Plaintiff shall have through and including Friday, June 1, 2018 to submit his claims with his Notice of Right to Sue letter from the EEOC. (Compliance due by 6/1/2018.) Signed by Magistrate Judge Brian K. Epps on 05/21/2018. (Attachments: # 1 Employment Discrimination Complaint Form) (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
ROGER J. BELL,
Plaintiff,
v.
JACK LNU and CHRIS LNU,
Defendants.

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CV 118-071
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ORDER
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Plaintiff is proceeding pro se and in forma pauperis (“IFP”) in the above-captioned
employment discrimination case. Because Plaintiff’s complaint was filed IFP, it must be
screened to protect potential Defendants. Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir.
1984). Upon conducting an initial screening of Plaintiff’s complaint, the Court, on April 20,
2018, ordered Plaintiff to amend his complaint on a standard employment discrimination
form provided to him within fourteen days to correct certain pleading deficiencies. (See doc.
no. 4.) The Court cautioned Plaintiff that failing to submit a timely response would result in
a presumption by the Court he desires to have this case voluntarily dismissed and would
result in a recommendation for dismissal of this action, without prejudice. (Id. at 4.) When
the time to respond had passed, and Plaintiff had not submitted an amended complaint as
required by the April 20th Order, the Court recommended dismissal of the case without

prejudice on May 11, 2018. (Doc. no. 5.) The Court set May 29, 2018, as the deadline for
filing objections to the recommendation for dismissal. (Doc. no. 6.)
On May 18, 2018, Plaintiff submitted a document entitled “Objects,” in which he
provides a detailed description of his interaction with Defendants Jack LNU and Chris LNU
that occurred before his termination. (See doc. no. 7.) He did not, however, utilize the
complaint form provided to him with the Court’s April 20th Order, and he did not name his
employer – rather than the employees with whom he interacted – as a Defendant.1
Moreover, the document submitted May 18th is not attested to as compliant with Federal
Rule of Civil Procedure 11, as a complaint should be. (See doc. no. 1, p. 7.)
Although the Court does not condone Plaintiff’s failure to timely respond to the
Court’s April 20th Order, Plaintiff shall have one more opportunity to submit his amended
complaint in accordance with the instructions previously provided to him. Plaintiff shall
have through and including Friday, June 1, 2018, to submit his claims on the enclosed form,
with his Notice of Right to Sue letter from the EEOC attached.2 If Plaintiff wishes to
proceed with this action, he must complete and submit the enclosed complaint form by June
1st. Plaintiff should carefully review the instructions and provide the particular information
requested.

1

As the Court previously explained, Title VII of the Civil Rights Act of 1964 does not
countenance individual liability. Albra v. Advan, Inc., 490 F.3d 826, 830 (11th Cir. 2007) (per
curiam).
2

The Court DIRECTS the CLERK to attach to Plaintiff’s service copy of this Order a
standard form employment discrimination complaint, stamped with this case number, used by
non-incarcerated pro se litigants in the Southern District of Georgia.

2

If Plaintiff does not comply by June 1, 2018, the Court’s May 11, 2018
recommendation for dismissal will be submitted to the presiding District Judge for final
action.
SO ORDERED this 21st day of May, 2018, at Augusta, Georgia.

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