Jones v. Donahoe

Filing 38

MEMORANDUM OPINION AND ORDER by Senior Judge Thomas B. Russell denying 32 Motion for Summary Judgment. Clerk directed to substitute Megan J. Brennan, Postmaster General, United States Postal Service, for Defendant Patrick R. Donahoe. cc: Counsel, plaintiff pro se(JAC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:14-CV-00633-TBR-LLK
RIMA JONES,

Plaintiff,

v.
PATRICK R. DONAHOE, Postmaster General,
United States Postal Service,

Defendant.

MEMORANDUM OPINION AND ORDER
Proceeding pro se and in forma pauperis, Rima Jones instituted this action against
the Postmaster General alleging employment discrimination based on her national origin,
sex, age, and disability. See R. 6 at 3–4 (Complaint). On December 16, 2015, she filed a
self-styled motion for summary judgment, which in its entirety reads:
Defendant[’s] motion to extend time is [frivolous] and
disrespectful of judicial entities. Defendant fail[s] to exercise [diligence]
in projecting his duties.
Plaintiff asserts her causes of action and monetary relief and relief
referenced to complaint filed in District Court[].
R. 32 at 1 (Motion for Summary Judgment).
Although the pleadings of a pro se plaintiff are construed liberally, pro se status
does not relieve Jones of her obligations under the Federal Rules of Civil Procedure. See
Johnson v. Stewart, No. 08-1521, 2010 WL 8738105, at *3 (6th Cir. May 5, 2010) (per
curiam). Summary judgment is appropriate when the record, viewed in the light most
favorable to the nonmoving party, reveals “that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.
56(a). As the party shouldering the ultimate burden of proof at trial, Jones must point to
“particular parts of materials in the record” that reveal the absence of such a dispute.
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Fed. R. Civ. P. 56(c)(1)(A); see also Cox v. Ky. Dep’t of Transp., 53 F.3d 146, 149 (6th
Cir. 1995); 1064 Old River Rd., Inc. v. City of Cleveland, 137 F. App’x 760, 764 (6th Cir.
2005).

Here, Jones offers no support for the relief that she ostensibly seeks.

Cf.

Thompson v. Ashe, 250 F.3d 399, 405 (6th Cir. 2001) (holding that party opposing
summary judgment may not rely solely on allegations in pleadings to discharge burden).
Accordingly, Plaintiff Rima Jones’ Motion for Summary Judgment (R. 32) is DENIED.
In addition, the Court TAKES JUDICIAL NOTICE that Megan J. Brennan
succeeded Patrick R. Donahoe as Postmaster General. Therefore, the Clerk of the Court
is DIRECTED to substitute Megan J. Brennan, Postmaster General, United States Postal
Service, for Defendant Patrick R. Donahoe. See Fed. R. Civ. P. 25(d); see also Mumford
v. Basinski, 105 F.3d 264, 273 (6th Cir. 1997) (“Federal Rule of Civil Procedure 25(d)
provides for the automatic substitution of a successor public official upon the departure
from office of a person named in official capacity litigation . . . .”).
IT IS SO ORDERED.
Date:

February 26, 2016

cc:

Counsel of Record
Plaintiff, pro se

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