Evans v. Georgia Regional Hospital et al

Filing 23

ORDER that the 22 USCA Mandate is made the Order of this Court. It Is Further Ordered that Plaintiff is granted leave to amend her complaint as to her gender non-conformity claim. Plaintiff shall file her forthcoming amended complaint by the clo se of business on Wednesday, August 9, 2017. Plaintiff's failure to file her forthcoming amended complaint within this time frame as directed may result in the dismissal of this action with prejudice without further notice. Compliance due by 8/9/2017. Signed by Chief Judge J. Randal Hall on 07/24/2017. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION JAMEKA K. EVANS, * * Plaintiff, * * v. CV 415-103 GEORGIA REGIONAL HOSPITAL; CHARLES MOSS; LISA CLARK; and JAMEKIA POWERS, Defendants. ORDER On April 23, 2015, Plaintiff, proceeding pro se, filed a complaint alleging employment discrimination and retaliation in violation U.S.C. also of Title § 2000e, sought VII seq. et. leave of the Civil Rights ("Title VII"). in to proceed forma Act (Doc. of 1.) pauperis. 1964, 42 Plaintiff (Doc. 2.) After conducting a review of Plaintiff's complaint pursuant to 28 U.S.C. § 1915(e) (2) (B) (ii), the United States Magistrate Judge entered his Report and Recommendation dated September 10, 2015 alia, (the "R&R"), the in which he reported and recommended, dismissal orientation with discrimination discrimination claim, prejudice claim, of Plaintiff's gender inter sexual non-conformity and retaliation claim - all without leave to amend - for failure to state a claim upon which relief could be granted. the R&R and, (Doc. 4.) On October 29, 2015, this Court adopted inter alia, dismissed Plaintiff's claims without leave to amend (the "Dismissal Order"). subsequently appealed the Court of Appeals Eleventh Circuit for has the Dismissal Order, the now (Doc. Dismissal Order to Eleventh affirmed part Plaintiff the United States Circuit. in 12.) (Doc. 14.) and vacated in The part and has remanded this action to this Court for further proceedings consistent with the Eleventh Circuit's Opinion dated March 10, 2017.1 Accordingly, (Docs. 20, 22.) IT IS HEREBY ORDERED that the Mandate of the Eleventh Circuit is made the Order of this Court. IT IS FURTHER ORDERED her that Plaintiff is GRANTED LEAVE TO AMEND as to her gender non-conformity claim. proceed forward forthcoming Wednesday, with amended August this case, complaint 9, 2017; by If Plaintiff wishes to Plaintiff the Plaintiff's complaint close SHALL of failure file business to file her on her forthcoming amended complaint within this time frame as directed may result without in the dismissal of this action with prejudice further notice. ORDER ENTERED at Augusta, Georgia, this cPjt^ day of July, 2017. J. yRMWftL HAL;/, CHIEF JUDGE UNITEDJSTATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA 1 Specifically, Plaintiff's the Eleventh Circuit affirmed this Court's dismissal of sexual-orientation discrimination claim and retaliation claim, but vacated that portion of the Dismissal Order which dismissed Plaintiff's gender non-conformity claim without leave to amend. (Doc. 20, at 8-19.) 2

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