Greene v. Brennan et al

Filing 31

ORDER Adopting 28 Report and Recommendation, Overruling Plaintiff's Objections, Granting 22 Motion to Dismiss and Dismissing Case. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GENORA L. GREENE,
Plaintiff,
v.
MEGAN J. BRENNAN, JEANETTE POWELL,
and UNITED STATES POSTAL SERVICE
GREAT LAKES AREA AGENCY,

Case Number 15-12747
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

Defendants.
____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION, OVERRULING PLAINTIFF’S OBJECTIONS,
GRANTING DEFENDANTS’ MOTION TO DISMISS, AND DISMISSING CASE
Plaintiff Genora Greene filed a complaint alleging that the defendants violated her rights
under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., by harassing
her, retaliating against her, and discriminating against her on the basis of race and gender during the
month that she was employed by the United States Post Office in the summer of 2014. Greene
initially represented herself, although an attorney has filed an appearance on her behalf. The Court
referred this case to Magistrate Judge Anthony P. Patti for pretrial management. Thereafter, the
defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The parties
have agreed to the dismissal of defendants Powell and the United States Postal Service Great Lakes
Area Agency. Judge Patti filed a report on April 24, 2017 recommending that the motion be granted
and the case dismissed because Greene did not file her Equal Employment Opportunity complaint
with the EEO office on time, and a five-day presumptive period for receipt of the right-to-sue notice
did not extend that filing date. Greene filed a timely objection to the magistrate judge’s report, to
which defendant Brennan responded, and the matter is now before the Court.