Ransom v. Mayorkas et al
Filing
51
MEMORANDUM OPINION. Signed by Judge George Levi Russell, III on 2/7/2024. (dass, Deputy Clerk) (c/nef to plaintiff)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
EYPHRA RANSOM,
*
Plaintiff,
*
v.
*
ALEJANDRO MAYORKAS, et al.,
*
Defendants.
Civil Action No. GLR-22-2355
*
***
MEMORANDUM OPINION
THIS MATTER is before the Court on Defendants Alejandro Mayorkas and Deanne
Criswell’s (“Defendants”) Motion to Dismiss or, in the Alternative, Transfer (ECF No. 26),
and self-represented Plaintiff Eyphra Ransom’s Motion to Amend Pleading (ECF No. 34).
The Motions are ripe for disposition, and no hearing is necessary. See Local Rule 105.6
(D.Md. 2023). For the reasons set forth below, the Court will grant the Motion to Dismiss
and deny the Motion to Amend Pleading.
I.
BACKGROUND 1
Self-represented Plaintiff Eyphra Ransom worked as a logistics management
specialist for the Federal Emergency Management Agency (“FEMA”) in Washington, D.C.
(Sept. 15, 2022 Statement of Facts [“SOF”] ¶ 1, ECF No. 1-1). The factual details of her
employment there are unclear. She filed a form Complaint, (ECF No. 1), alleging
discriminatory conduct, including failure to hire and unlawful termination, on the basis of
Unless otherwise noted, the Court takes the following facts from the Complaint
(ECF No. 1) and accepts them as true. See Erickson v. Pardus, 551 U.S. 89, 94 (2007).
1
her race, sex, and autism disability. (Compl. at 4, ECF No. 1). Notably, she does not
identify her gender or race. (See id.). She also filed the following attachments to her
Complaint: a Statement of Facts (ECF No. 1-1), which she amended several times, (ECF
Nos. 8, 12, 14, 23), 2 a Merit Systems Protection Board (“MSPB”) decision in docket
number DC-0752-20-0145-I-1 (“MSPB DC-0752-20-0145-I-1”), (ECF No. 1-2), and the
Equal Employment Opportunity Commission’s (“EEOC”) decision number 2021000075
affirming the MSPB ruling (“EEOC 2021000075”), (ECF No. 1-3).
MSPB DC-0752-20-0145-I-1 and EEOC 2021000075 set forth the facts as follows:
on August 21, 2019, FEMA issued a Notice of Proposed Removal to Ransom. (EEOC
2021000075 at 1, ECF No. 1-3). The Notice charged Ransom with failure to follow
instructions, eleven instances of absence without leave; lack of candor; and inappropriate
behavior, including yelling. (Id. at 2). It stated that her behavior did not improve with
informal and formal counseling. (Id.). Ransom responded to the Notice with a request for
reasonable accommodation, in which she explained that she had recently been diagnosed
with autism. (Id.).
On October 16, 2019, FEMA issued its decision to remove Ransom, and it removed
her from federal service on October 17, 2019. (Id. at 3). Ransom alleges that FEMA has
since prevented her from applying for some open positions and failed to hire her for other
The Statements of Fact focuses mostly on the procedural history of this case, as
discussed below, and the relief requested from the Court. (See generally Sept. 15, 2022
SOF, ECF No. 1-1). Thus, they provide very little insight on the alleged discrimination.
2
2
positions. (Apr. 11, 2023 SOF ¶ 8(k), ECF No. 23). She suffered economic damages, such
as loss of income, as a result. (Id. ¶ 8(l)).
Ransom appealed her termination to the MSPB on November 18, 2019. (EEOC
2021000075 at 3). The MSPB assigned her case docket number DC-0752-20-0145-I-1 and
issued its decision on July 30, 2020. (Sept. 15, 2022 SOF ¶ 3; MSPB DC-0752-20-0145-I1 at 1, ECF No. 1-2). The MSPB found that FEMA had charged Ransom for legitimate
infractions, and it affirmed the decision to remove her. (MSPB DC-0752-20-0145-I-1 at
55). Ransom argued that removal was unlawfully based on disability discrimination. (Id.
at 29–30). The MSPB found that she failed to establish disability discrimination, primarily
because FEMA learned of her autism diagnosis after it issued the Notice of Proposed
Removal, and she has otherwise failed to show that her disability had any bearing on her
removal. (Id. at 36). Further, the MSPB explained that Ransom had not established
disparate treatment and that FEMA applied its rules and standards for removal uniformly.
(Id.). The MSPB explained that the Rehabilitation Act does not immunize disabled
employees from discipline—rather, disabled employees may be disciplined if the same
conduct would be subject to discipline for a non-disabled employee. (Id. at 36–37).
On October 3, 2020, Ransom appealed MSPB’s decision to the EEOC, which
assigned it the petition number 2021000075. (Sept. 15, 2022 SOF ¶ 7; EEOC 2021000075
at 1). On May 24, 2021, the EEOC issued its decision affirming the MSPB’s ruling. (EEOC
2021000075 at 5–6). The EEOC agreed that no disability discrimination had occurred, and
that FEMA’s charges were warranted. (Id. at 5). Ransom alleges various errors in the
3
handling of her case by the MSPB and the EEOC, and she says that these errors violated
“EEOC MD-110.” 3 (Apr. 11, 2023 SOF ¶ 8).
Ransom has filed at least three additional administrative complaints with the MSPB
or the EEOC, although the exact details of these complaints and their procedural history is
unclear. She claims to have filed “HS-FEMA-1742-2021,” (Sept. 15, 2022 SOF ¶ 12), but
this claim is apparently irrelevant to the present suit and still pending before the EEOC, so
the Court will not discuss it further. (See Mem. L. Opp’n Mot. Dismiss [“Opp’n Mot.
Dismiss”] at 22, ECF No. 31 (“HS-FEMA-01742-2021 is not related to 1:22-CV-02355GLR.”)). Ransom also mentions EEOC petition number 2022004160 but does not describe
the alleged complaint or decision further. (See Apr. 11, 2023 SOF at 4). 4 Additionally, she
filed complaint “HS-FEMA-1522-2019” with FEMA on November 24, 2021, in which she
alleged race and gender discrimination, as well as retaliation. (Opp’n Mot. Dismiss at 22).
She later appealed that case to the EEOC, which issued its decision number 202200076
(“EEOC 202200076”) affirming FEMA’s termination of Ransom on January 31, 2023.
(Id.). The EEOC also issued a right-to-sue letter on that date, (id.), but Ransom had already
The Court assumes that “EEOC MD-110” refers to EEOC Management Directive
110, which is meant to provide guidance to federal agency employers. U.S. Equal Emp.
Opportunity Comm’n, Management Directive for 29 C.F.R. Part 1614 (2015),
https://www.eeoc.gov/sites/default/files/migrated_files/federal/directives/md-110.pdf.
Ransom mentions this directive in her Statement of Facts, and it is unclear whether she
means to include a legal claim based on alleged violations of this directive. To the extent
she means to plead such a claim, it must be dismissed for failure to state a claim upon
which relief can be granted. The directive is simply guidance for government agencies as
employers, and thus it is not a law and does not create a cause of action.
4
Citations to the Apr. 11, 2023 SOF’s page numbers refer to the pagination
assigned by the Court’s Case Management/Electronic Files (“CM/ECF”) system.
3
4
filed the instant action before receiving the letter. (See Compl. at 5 (indicating that Ransom
had not received a right-to-sue letter at the time she filed the Complaint)).
Ransom has filed two federal lawsuits related to these events. On June 23, 2021, she
sued Defendants 5 in Ransom v. Mayorkas, JMC-21-cv-1563 (“Ransom I”). In that suit, she
alleged that the MSPB failed to address her whistleblowing retaliation claims in DC-075220-0145-I-1. (See July 29, 2022 Mem. Op. at 3, Ransom I, ECF No. 45). On July 29, 2022,
the Court dismissed Ransom I without prejudice because Ransom failed to exhaust her
remedies as to the Title VII claims, and the Court did not have jurisdiction to hear her
whistleblowing claim. (Id. at 7–8).
Ransom filed the instant action (“Ransom II”) on September 15, 2022. (ECF No. 1).
She makes claims for race, gender, and disability discrimination, (Compl. at 4), as well as
retaliation, (Sept. 15, 2022 SOF ¶ 12), and she requests compensatory damages and various
forms of injunctive relief, including reconsideration for employment and a promotion. (Id.
at 4–9). She claims that Ransom II also constitutes a “re-filing” of Ransom I. 6 (See Feb. 7,
2023 SOF ¶ 14, ECF No. 14).
Mayorkas is the Secretary of the Department of Homeland Security, of which
FEMA is a part. Criswell is the head Administrator at FEMA. (Compl. at 1).
6
To the extent Ransom means to include the same claims from Ransom I in the
present suit, those claims are barred by the doctrine of res judicata. Res judicata has three
elements:
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(1) the parties in the present litigation are the same or in privity with the
parties to the earlier litigation; (2) the claim presented in the current action is
identical to that determined or that which could have been raised and
5
On May 8, 2023, Defendants filed a Motion to Dismiss or, in the Alternative,
Transfer. (ECF No. 26). Ransom filed an Opposition on June 9, 2023, (ECF No. 31), and
Defendants filed a Reply on August 21, 2023, (ECF No. 39). Ransom also filed a Motion
to Amend Pleading on July 14, 2023. (ECF No. 34). Defendants filed an Opposition on
August 21, 2023, (ECF No. 40), and Ransom filed a Reply on September 5, 2023, (ECF
No. 43).
II.
A.
DISCUSSION
Standard of Review
1.
Rule 12(b)(1)
Defendants first argue that the Court lacks subject matter jurisdiction under Federal
Rule of Civil Procedure 12(b)(1). (Mem. L. Supp. Mot. Dismiss [“Mot. Dismiss”] at 1,
ECF No. 26-1). Rule 12(b)(1) requires a plaintiff to establish the Court’s subject-matter
jurisdiction. A defendant challenging jurisdiction may advance a “facial challenge,
asserting that the allegations in the complaint are insufficient to establish subject matter
jurisdiction, or a factual challenge, asserting ‘that the jurisdictional allegations of the
complaint [are] not true.’” Hasley v. Ward Mfg., LLC, No. RDB-13-1607, 2014 WL
3368050, at *1 (D.Md. July 8, 2014) (alteration in original) (quoting Kerns v. United
determined in the prior litigation; and (3) there was a final judgment on the
merits in the prior litigation.
Spangler v. McQuitty, 141 A.3d 156, 175 (Md. 2016) (quoting Cochran v. Griffith Energy
Servs., Inc., 43 A.3d 999, 1002 (Md. 2012)). Here, the parties are identical, Ransom alleges
that she has re-filed the same claims, and there was a final judgment on the merits.
Accordingly, any claims asserted in Ransom I must be dismissed.
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States, 585 F.3d 187, 192 (4th Cir. 2009)). When a defendant raises a facial challenge, the
Court affords the plaintiff “the same procedural protection as he would receive under a
Rule 12(b)(6) consideration.” Kerns, 585 F.3d at 192 (quoting Adams v. Bain, 697 F.2d
1213, 1219 (4th Cir. 1982)). As such, the Court takes the facts alleged in the complaint as
true and denies the motion if the complaint alleges sufficient facts to invoke subject-matter
jurisdiction.
With a factual challenge, the plaintiff bears the burden of proving the facts
supporting subject-matter jurisdiction by a preponderance of the evidence. U.S. ex rel.
Vuyyuru v. Jadhav, 555 F.3d 337, 347 (4th Cir. 2009). In determining whether the plaintiff
has met this burden, the Court “is to regard the pleadings’ allegations as mere evidence on
the issue, and may consider evidence outside the pleadings without converting the
proceeding to one for summary judgment.” Richmond, Fredericksburg & Potomac R. Co.,
945 F.2d at 768. Nevertheless, the Court applies “the standard applicable to a motion for
summary judgment, under which the nonmoving party must set forth specific facts beyond
the pleadings to show that a genuine issue of material fact exists.” Id. The movant “should
prevail only if the material jurisdictional facts are not in dispute and the [movant] is entitled
to prevail as a matter of law.” Id. Unlike under the summary judgment standard, however,
the Court is permitted to decide disputed issues of fact, Kerns, 585 F.3d at 192, and weigh
the evidence, Adams, 697 F.2d at 1219.
The Court may determine on its own initiative that it lacks subject-matter
jurisdiction, regardless of whether a party to the case has raised this claim. Arbaugh v. Y
& H Corp., 546 U.S. 500, 506 (2006); see also Fed.R.Civ.P. 12(h)(3). “Whenever it appears
7
by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject
matter, the court shall dismiss the action.” Id. (quoting Kontrick v. Ryan, 540 U.S. 443,
455 (2004)). The Court “ha[s] an independent obligation to determine whether subjectmatter jurisdiction exists, even in the absence of a challenge from any party.” Id. at 502,
514. When the Court establishes that it does not have subject-matter jurisdiction, it “must
dismiss the complaint in its entirety.” Id.
2.
Rule 12(b)(6)
Defendants also argue that Ransom has failed to state a claim upon which relief can
be granted. (Mot. Dismiss at 1). The purpose of a Rule 12(b)(6) motion is to “test[] the
sufficiency of a complaint,” not to “resolve contests surrounding the facts, the merits of a
claim, or the applicability of defenses.” King v. Rubenstein, 825 F.3d 206, 214 (4th Cir.
2016) (quoting Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999)). A
complaint fails to state a claim if it does not contain “a short and plain statement of the
claim showing that the pleader is entitled to relief,” Fed.R.Civ.P. 8(a)(2), or does not “state
a claim to relief that is plausible on its face,” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is facially
plausible “when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing
Twombly, 550 U.S. at 556). “Threadbare recitals of the elements of a cause of action,
supported by mere conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S.
at 555). Though the plaintiff is not required to forecast evidence to prove the elements of
the claim, the complaint must allege sufficient facts to establish each element. Goss v. Bank
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of Am., N.A., 917 F.Supp.2d 445, 449 (D.Md. 2013) (quoting Walters v. McMahen, 684
F.3d 435, 439 (4th Cir. 2012)), aff’d, 546 F.App’x 165 (4th Cir. 2013).
In considering a Rule 12(b)(6) motion, a court must examine the complaint as a
whole, consider the factual allegations in the complaint as true, and construe the factual
allegations in the light most favorable to the plaintiff. Albright, 510 U.S. at 268; Lambeth
v. Bd. of Comm’rs, 407 F.3d 266, 268 (4th Cir. 2005) (citing Scheuer v. Rhodes, 416 U.S.
232, 236 (1974)). But the court need not accept unsupported or conclusory factual
allegations devoid of any reference to actual events, United Black Firefighters v. Hirst, 604
F.2d 844, 847 (4th Cir. 1979), or legal conclusions couched as factual allegations, Iqbal,
556 U.S. at 678.
3.
Rule 15
Ransom requests leave to amend her Complaint. (ECF No. 34). A party may amend
its complaint once as a matter of course within twenty-one days of serving it or within
twenty-one days after the defendant files a motion to dismiss. Fed.R.Civ.P. 15(a)(1). For
all other circumstances, “a party may amend its pleading only with the opposing party’s
written consent or the court’s leave.” Fed.R.Civ.P. 15(a)(2). When seeking leave to amend
from this Court, a party must submit a copy of the proposed amended complaint as well as
a red-lined comparison to the initial complaint. See Local Rule 103.6(a), (c) (D.Md. 2018).
In general, a “court should freely give leave when justice so requires.” Fed.R.Civ.P.
15(a)(2). Importantly, though, justice does not require permitting leave to amend when
amendment would prejudice the opposing party, the moving party has exhibited bad faith,
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or amendment would be futile. See Edell & Assocs., P.C. v. Law Offices of Peter G.
Angelos, 264 F.3d 424, 446 (4th Cir. 2001).
B.
Analysis
1.
Motion to Dismiss, or in the Alternative, Transfer
Defendants argue that Ransom’s claims should be dismissed for the following
reasons: (1) they were not timely filed; (2) Ransom failed to exhaust her administrative
remedies; (3) venue is improper; and (4) Ransom fails to state a claim for which relief may
be granted. (Mot. Dismiss at 1). The Court will dismiss the case for the first three reasons,
and thus it need not reach Defendants’ fourth argument. 7
a.
Timeliness and Administrative Exhaustion
Ransom’s case appears to stem from her administrative complaints, which were
decided in MSPB DC-0752-20-0145-I-1, EEOC 2021000075, HS-FEMA-1522-2019, and
EEOC 2022000766. (See Apr. 11, 2023 SOF ¶¶ 3, 7, 8(k)). Under 5 U.S.C. § 7703(b)(2),
a civil action challenging an MSPB decision must be filed within thirty days of receipt of
the MSPB’s initial decision or, if the initial decision is appealed to the EEOC Office of
Federal Operations (“OFO”), within 30 days of receipt of the EEOC OFO’s decision. (See
also EEOC 2021000075 at 6 (“You have the right to file a civil action in an appropriate
The Court declines to conduct a formal 12(b)(6) analysis of Ransom’s claims. The
Court notes, however, that there are no facts whatsoever describing any alleged race or
gender discrimination, or even identifying Ransom’s race or gender. Accordingly, those
claims fail to state a claim upon which relief may be granted.
7
10
United States District Court, based on the decision of the Merit Systems Protection Board,
within thirty (30) calendar days of the date that you receive this decision.”))
As to any claims raised before the MSPB and the EEOC in DC-0752-20-0145-I-1
and 2021000075, they are untimely. Ransom does not allege when she received the EEOC
2021000075 decision, but she attached it to her complaint in Ransom I, which she filed on
June 23, 2021. (Ransom I, ECF No. 1-3). Thus, the Court assumes that she received it no
later than June 23, 2021. This action was filed on September 15, 2022, (ECF No. 1), more
than a year past the thirty-day deadline imposed by 5 U.S.C. § 7703(b)(2). Accordingly, to
the extent Ransom raises claims in this action based on her disability discrimination claims
in MSPB DC-0752-20-0145-I-1 and EEOC 2021000075, they must be dismissed as
untimely.
Ransom argues that her Complaint is timely because the EEOC only recently issued
the decision in 202200076 on January 31, 2023, after she filed this action on September
15, 2022. (See Opp’n Mot. Dismiss at 27–28). EEOC 2022000766 is based on the
complaint HS-FEMA-1522-2019, which Ransom chose to file directly with the EEOC, not
the MSPB. (See Apr. 11, 2023 SOF ¶ 8(k)). Accordingly, the EEOC charge defines the
scope of Ransom’s right to file a civil suit on those claims, and Ransom must exhaust her
administrative remedies before filing. See Miles v. Dell, Inc., 429 F.3d 480, 491 (4th Cir.
2005) (“[t]he EEOC charge defines the scope of the plaintiff's right to institute a civil suit”);
Chacko v. Patuxent Inst., 429 F.3d 505, 510 (4th Cir. 2005) (“The filing of an
administrative charge is not simply a formality to be rushed through so that an individual
can quickly file his subsequent lawsuit. Rather, Congress intended the exhaustion
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requirement to serve the primary purposes of notice and conciliation.”); (Jan. 23, 2023
EEOC Decision, ECF No. 31-81 (stating “you have the right to file a civil action . . . within
ninety (90) calendar days from the date that you receive this decision)).
Here, Ransom filed her claims related to HS-FEMA-1522-2019 prematurely before
she received the EEOC’s final decision 2022000766, which was issued January 31, 2023.
(See Opp’n Mot Dismiss at 22; Compl. at 5 (indicating that the EEOC had not yet issued a
right to sue letter when Ransom filed the Complaint)). Therefore, she had not exhausted
her administrative remedies before filing, and the Court must dismiss those claims. See
Miles, 429 F.3d at 491.
Additionally, to the extent that Ransom’s case includes new facts or claims of
discrimination or retaliation not yet presented to the MSPB or the EEOC in the
administrative cases discussed above, she has failed to demonstrate exhaustion as to those
claims. See Sydnor v. Fairfax Cnty., 681 F.3d 591, 593 (4th Cir. 2012) (“[A] plaintiff fails
to exhaust his administrative remedies where . . . his administrative charges reference
different time frames, actors, and discriminatory conduct than the central factual
allegations in his formal suit.”).
In sum, Ransom’s claims based on MSPB DC-0752-20-0145-I-1 and EEOC
2021000075 must be dismissed as untimely because she filed this action more than thirty
days after receiving the EEOC’s decision. As to the second administrative case before the
EEOC, HS-FEMA-1522-2019 and EEOC 2022000766, her claims are premature and
unexhausted because she filed this action before receiving the EEOC’s final decision. If
Ransom alleges that her Complaint contains any new claims surrounding facts not yet
12
brought before the MSPB or the EEOC, she has not demonstrated that those claims are
timely and properly exhausted. 8 Accordingly, the Court will dismiss Ransom’s Complaint
in its entirety.
b.
Improper Venue
The Court notes that venue is not proper in the District of Maryland, and this matter
is also subject to dismissal on that basis. The rules governing venue for Title VII actions
are found at 42 U.S.C. § 2000e–5(f)(3) and provide that such actions may be brought:
(1) in any judicial district in the State in which the unlawful
employment practice is alleged to have been committed, (2) in
the judicial district in which the employment records relevant
to such practice are maintained and administered, or (3) in the
judicial district in which the aggrieved person would have
worked but for the alleged unlawful employment practice.
Benton v. England, 222 F.Supp.2d 728, 730 (D.Md. 2002). These same rules apply to ADA
and Rehabilitation Act cases. Archuleta v. Sullivan, No. 91-2029, 1991 WL 179071, at *3
n.3 (4th Cir. Sept. 13, 1991) (citing 29 U.S.C. § 794a(a)(1)) “Title VII’s venue provision
also applies to actions brought under the Rehabilitation Act.”)); see also Benton, 222
F.Supp.2d at 730 (citing 42 U.S.C. § 12117(a)) (explaining that ADA claims are governed
by the same venue provisions as Title VII claims).
Here, the alleged unlawful employment practices occurred in Washington, D.C.,
and FEMA’s employment records on Ransom are located there. (See Sept. 15, 2022 SOF
¶ 1). If she had obtained the assistant program manager position for which she applied after
Indeed, in the April 11, 2023 Statement of Facts, Ransom specifically indicates
that some administrative claims are currently “at the EEOC,” which further evinces that
she has not exhausted her claims. (Apr. 11, 2023 SOF ¶ 8(k)).
8
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being terminated, she would have worked in Washington, D.C. (See Apr. 11, 2023 SOF
¶ 1; Grace Tillman Decl. ¶ 3, ECF No. 26-6). Accordingly, venue is proper in the District
Court for Washington, D.C.
Ransom argues that venue is proper in the District of Maryland because of the
general venue statute 28 U.S.C. § 1391(e)(1)(c). (Opp’n Mot. Dismiss at 35). But 28 U.S.C.
§ 1391(a) provides that the general venue rules apply unless “otherwise provided for by
law.” As set forth above, 42 U.S.C. § 2000e–5(f)(3) governs venue in Title VII,
Rehabilitation Act, and ADA lawsuits, and thus venue is proper in the District of Columbia.
Lastly, dismissal, rather than transfer, is appropriate due to improper venue in this
case. When venue is improper under § 1391, the district court must dismiss the action or,
“if it be in the interest of justice,” transfer the action “to any district or division in which it
could have been brought.” 28 U.S.C. § 1406(a); see also Benton, 222 F.Supp.2d at 731
(explaining that where venue is improper, the court has discretion to either transfer or
dismiss the case). For the reasons set forth above, Ransom’s claims are untimely and
unexhausted, and thus transfer is not in the interest of justice.
2.
Motion to Amend Petition
Ransom moves for leave to amend her Complaint so that she can additional facts,
including facts related to HS-FEMA-1522-2019 and EEOC 2022000766, which the EEOC
issued on January 31, 2023, along with a right to sue letter. (See Proposed Am. Compl. at
6, ECF No. 34-3). The Court will deny her Motion for failure to comply with the Local
Rules and because amendment would be futile.
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Local Rule 103.6(c) requires parties to file not just a clean copy of the proposed
amended complaint, but also a redlined copy—i.e. “a copy of the amended pleading in
which stricken material has been lined through or enclosed in brackets and new material
has been underlined or set forth in bold-faced type.” Without a redlined copy, the Court
cannot discern the exact amendments and will therefore deny her motion.
The Court also finds that amendment would be futile. As set forth above, Ransom’s
claims are untimely and unexhausted, and venue is improper. Amendment cannot cure
these deficiencies because issuance of a right to sue letter after a plaintiff files suit cannot
save claims from dismissal. See Shelton v. Kanode, Case No. 7:20-cv-704, 2023 WL
2639279, at *2 (W.D.Va. Mar. 27, 2023) (citing Ahmed v. Dragovich, 297 F.3d 201, 209
(3d Cir. 2002)) (explaining that a “plaintiff cannot cure an original failure to exhaust
administrative remedies by exhausting administrative remedies after the action was filed
and then filing an amended complaint”)). Thus, amendment is futile and the Motion to
Amend Pleading will be denied. See U.S. ex rel. Wilson v. Kellogg Brown & Root, Inc.,
525 F.3d 370, 376 (4th Cir. 2008) (“[A] district court may deny leave if amending the
complaint would be futile.”).
III.
CONCLUSION
For the foregoing reasons, the Court will grant Defendants’ Motion to Dismiss,
(ECF No. 26), and deny Ransom’s Motion to Amend Pleading, (ECF No. 34). A separate
Order follows.
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Entered this 7th day of February, 2024.
/s/
George L. Russell, III
United States District Judge
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