Pitcher v. Napolitano

Filing 3

ORDER: Pltfs 2 MOTION to Proceed in forma pauperis is DENIED. Pltf shall either pay the $350.00 filing fee or file an amended motion for leave to proceed in forma pauperis within 14 days of this order. FURTHER ORDERED that, within 30 days of this order, pltf shall file an amended complaint, attaching a copy of her final agency decision(s), and/or a copy of her EEOC decision(s). In the event pltf has not received a final agency decision or EEOC decision, she shall indicate same in the amended complaint. Amended Pleadings due by 9/19/2011. Filing Fee due by 9/2/2011. Motions shall be filed by 9/2/2011. Signed by Magistrate Judge Docia L Dalby on 8/19/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
TRACEY PITCHER

CIVIL ACTION

VERSUS

NUMBER 11-00537-FJP-DLD

HONORABLE JANET NAPOLITANO,
SECRETARY/U.S.DEPT/HS/FEMA
ORDER

This matter is before the court on a referral from the district court of plaintiff’s motion
for leave to proceed in forma pauperis. (rec.doc. 2) Upon review, the court notes that the
application is deficient in that it is missing the first page, sections A through C, which would
include the employment/income section. The court therefore must deny the motion, and
order that plaintiff shall either pay the $350.00 filing fee or file an amended motion for leave
to proceed in forma pauperis with a completed application.
Moving on to plaintiff’s complaint, plaintiff also will need to file an amended
complaint to correct certain deficiencies noted by the court and as explained below.
The Complaint
On August 9, 2011, pro se plaintiff Tracey Pitcher filed a complaint against her
former employer, Federal Emergency Management Agency (“FEMA”), complaining of racial
discrimination, a hostile working environment, retaliation, and wrongful termination on
December 5, 2009, for participating in prior “ERO” activity.1 Although plaintiff brought this
claim under Title VII of the Civil Rights Act, it is unclear whether or not plaintiff exhausted
her administrative remedies before filing suit in federal court. For example, the complaint
does not state whether she received a final agency decision on any of the complaints she
made to the FEMA Office of Equal Rights. As plaintiff was an employee of FEMA, her

1

Upon information and belief, it appears that “ERO” refers to Equal Rights Office (FEMA Office of
Equal Rights), and discrimination complaints are first handled by this office.

complaint would have been handled first by the agency. If she filed a formal complaint with
the agency and was dissatisfied with the agency’s final decision/order, she had the right
to appeal the final decision/order to the EEOC, or in the alternative, to file suit in federal
court. See, http://www.fema.gov/pdf/oer/rights.pdf.
In the event plaintiff received a final, unfavorable agency decision/order, plaintiff’s
complaint does not state whether she appealed the decision/or to the Equal Employment
Opportunity Commission (“EEOC”) and filed this suit within 90 days of the EEOC’s final
decision on her appeal, or if she directly filed this suit within 90 days of receipt of a final
agency decision/order on an individual complaint.
Plaintiff should therefore be given an opportunity to amend her complaint to cure the
defects in the original complaint to demonstrate that she exhausted her administrative
remedies before filing suit in federal court.
Accordingly,
IT IS ORDERED that plaintiff’s motion for leave to proceed in forma pauperis is
DENIED. Plaintiff shall either pay the $350.00 filing fee or file an amended motion for
leave to proceed in forma pauperis within 14 days of this order.
IT IS FURTHER ORDERED that, within 30 days of this order, plaintiff shall file an
amended complaint, attaching a copy of her final agency decision(s), and/or a copy of her
EEOC decision(s). In the event plaintiff has not received a final agency decision or EEOC
decision, she shall indicate same in the amended complaint.
Signed in Baton Rouge, Louisiana, on August 19, 2011.

D

MAGISTRATE JUDGE DOCIA L. DALBYy