McElroy v. EEOC

Filing 9

ORDER ADOPTING the #7 REPORT AND RECOMMENDATIONS as the Court's opinion, dismissing Plaintiff's Complaint, and directing the Clerk to close this case. Signed by Judge William T. Moore, Jr on 09/09/2021. (jlh)

Case 4:21-cv-00232-WTM-CLR Document 9 Filed 09/09/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

TODD MCELROY,

Plaintiff,
CASE NO. CV421-232

V,

EEOC, Director,
Defendant.

ORDER

Before the Court is the Magistrate Judge's August 20, 2021,

Report and Recommendation (Doc. 7), to which Plaintiff has filed
an objection (Doc. 8). After a careful de novo review of the
record, the report and recommendation is ADOPTED as the Court's
opinion in this case.

Although unclear from the face of his Complaint, Plaintiff's
claim appears to relate to a 2016 denial by the Equal Employment

Opportunity Commission

(EEOC) of an

employment discrimination

claim. (Doc. 1.) Plaintiff previously brought identical claims

against the EEOC, this judicial district, and two federal judges,
including the undersigned, which this Court dismissed as untimely
and precluded by the immunity of the defendants. See McElroy v.
United States Dist. Ct. for the S. Dist. of Ga., CV421-196, Doc.

5 (S.D. Ga. July 12, 2021), report and recommendation adopted.
Doc. 9 (S.D. Ga. Aug. 5, 2021). The instant case retains the

Case 4:21-cv-00232-WTM-CLR Document 9 Filed 09/09/21 Page 2 of 2

deficiencies of its predecessor, which was resolved on its merits.
As a result, the Magistrate Judge recommended that Plaintiff's
complaint be dismissed as barred by res judicata. (Doc. 7.)
Plaintiff's objection does not address res judicata or the
immunity of defendant, both of which provide independent grounds
for

dismissal.

(See

Doc.

8.)

Instead,

Plaintiff

appears

to

challenge the Court's prior determination that his claims are
untimely. (Id.) Even if his objections were meritorious - which
they do not appear to be — they would not cure the other fatal
flaws identified by the Magistrate Judge. Therefore, the Court

ADOPTS the report and recommendation as its opinion in this case.
(Doc. 7.) Plaintiff's Complaint is DISMISSED. The Clerk of Court
is DIRECTED to CLOSE this case.

SO ORDERED this

day of September 2021.

WILLIAM T. MOORE, "^JR.
UNITED STATES DISTRICT COURT
SOUTHERN

DISTRICT OF GEORGIA