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)

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