Bush v. Donner Steel Works

Filing 11

MEMORANDUM AND ORDER that this matter is dismissed without prejudice for failure to state a claim upon which relief may be granted. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLIE B. BUSH JR.,
Plaintiff,
v.
DONNER STEEL WORKS,
Defendant.

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4:13CV3148

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On October 16, 2013, the
court conducted an initial review of Plaintiff Charlie B. Bush Jr.’s (“Bush”) Complaint
and concluded that his general allegations of discrimination did not state a claim upon
which relief could be granted against his former employer, Defendant Donner Steel
Works (“Donner”). (Filing No. 7.) However, the court provided Bush with the
opportunity to file an amended complaint. (Id.)
On December 9, 2013, Plaintiff filed an Amended Complaint. (Filing No. 10.)
As with his original Complaint, Plaintiff’s Amended Complaint fails to allege
sufficient facts to state a claim upon which relief may be granted against the
Defendant. In particular, Plaintiff failed to allege that he was meeting the legitimate
expectations of his employer, and failed to file a copy of his charge and right-to-sue
notice from the Equal Employment Opportunity Commission or Nebraska Equal
Opportunity Commission. (See Filing Nos. 7 and 10.) For these reasons, and for the
reasons set forth in the court’s October 16, 2013, Memorandum and Order, this matter
is dismissed.
IT IS THEREFORE ORDERED that:
1.
This matter is dismissed without prejudice for failure to state a claim
upon which relief may be granted.

2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this14th of April, 2014.
day
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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