Maurice v. America
ORDER: The Court grants plaintiff's 3 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Plaintiff is granted leave to file an amended complaint within 30 days of the date of this Order. No summons shall i ssue at this time and all further proceedings shall be stayed for 30 days. The Clerk of Court is directed to forward an employment discrimination form complaint to plaintiff with this Order. If plaintiff fails to file an amended complaint within 3 0 days of the date of this Order, the instant action shall be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and judgment shall enter. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED by Judge Roslynn R. Mauskopf, on 1/3/2013. (Copy of this Order mailed to pro se Plaintiff w/Attachments: # 1 Complaint Form, # 2 "How To Amend Your Complaint.") (Latka-Mucha, Wieslawa)
IN ¢LIRK'I OP,'OI
U.S. DISTRICT COURT E.D.N.V.
* JAN 0 3 2013
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEMORANDUM AND ORDER
- against EULEN AMERICA,
ROSLYNN R. MAUSKOPF, United States District Judge.
Plaintiff Jerry Maurice brings the instant pro se complaint pursuant to Title VII of the
Civil Rights Act of 1964, as codified at 42 U.S.C. § § 2000e - 2000e-17 ("Title VII"). The
Court grants plaintiffs application to proceed inJormapauperis pursuant to 28 U.S.C. § 1915(a).
For the reasons stated below, plaintiff is granted leave to file an amended complaint within thirty
(30) days of the date of this Order.
STANDARD OF REVIEW
Pro se complaints are held to less stringent standards than pleadings drafted by attorneys
and the Court is required to read the plaintiffs pro se complaint liberally and interpret it as
raising the strongest arguments it suggests. Erickson v. Pardus, 551 U.S. 89 (2007); Hughes v.
Rowe, 449 U.S. 5,9 (1980); Sealed Plaintiffv. Sealed Dejendant #1,537 F.3d 185, 191-93 (2d
Moreover, at the pleadings stage of the proceeding, the Court must assume the truth of
"all well-pleaded, nonconclusory factual allegations" in the complaint. Kiobel v. Royal Dutch
Petroleum Co., 621 F.3d 111, 123 (2d Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678-79
(2009)). A complaint must plead sufficient facts to "state a claim to relief that is plausible on its
550 US 544 570 (2007). However, under 28 U.S.C. §
u eris action where it is satisfied that
1915(e)(2)(B), a district court shall dIsmIss an m orrna pa IfJ
face." Bell Atl. Corp. v. Tworn hiy,
l' on which relief may be granted;
the action is "(i) frivolous or mahcIOUS; (n) fal s to sta e a calm
d fi d t who is immune from such relief."
or (iii) seeks monetary rehe agamst a e en an
Plaintiff, who worked for defendant at JFK International Airport, states that in August
2012, "the senior manager nephew took my clients I suppose to do and senior manager nephew
said to me, 'you very greedy and I am going to get you fire[d].' When he said that I went down
to HR to fill a complaint, after I finish fill complaint the following week I went to HR to ask
[for] a promotion, for me don't get the promotion." (CompI. (Doc. No.1) at 4). Plaintiff was
subsequently terminated after he missed work from September 1-12 when he was hospitalized at
Jamaica Hospital. Id.
Pursuant to Rule 8(a) of the Federal Rules of Civil Procedure, plaintiffmust provide a
short, plain statement of claim against each defendant named so that they have adequate notice of
the claims against them. Ashcroft, 556 U.S. at 678-79 ("[Rule 8] demands more than an
unadorned, the-defendant-unlawfully-harmed-me accusation."). Moreover, plaintiff must
provide facts sufficient to allow each named defendant to have a fair understanding of what the
plaintiff is complaining about and to know whether there is a legal basis for recovery. See Bell
Atlantic Corp., 550 U.S. at 555 (Rule 8 requires that the plaintiffs pleading "give the defendant
fair notice of what the ... claim is and the grounds upon which it rests" (quoting Conley, 355
U.S. at 47»; Ricciuti v. New York City Transit Auth., 941 F.2d 119, 123 (2d Cir. 1991) ("[Rule 8]
is designed to permit the defendant to have a fair understanding of what the plaintiff is
complaining about and to know whether there is a legal basis for recovery[.]").
Although plaintiff seeks to bring a Title VII claim, he fails to plead sufficient factual
allegations to support a claim for relief. Title VII provides that "[i]t shall be an unlawful
employment practice for an employer to fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his compensation, terms,
conditions, or privileges of employment, because of such individual's race, color, religion, sex, or
national origin." 42 U.S.C.2000e-2(a). Plaintiff checks the box for Title VII on the Court's
form employment discrimination complaint, see (Compl. (Doc. No.1) at 1), indicating that he
was discriminated against based on his national origin (Haitian). (Compl. (Doc. No.1) at 3).
However, he fails to provide any facts to support a claim under the statute or to connect his
termination to his protected status. See Ruston v. Town Bd o/Skaneateles, 610 F.3d 55,59 (2d
Cir. 2010) ("Under Iqbal, factual allegations must be sufficient to support necessary legal
conclusions," and must "plausibly suggest an entitlement to relief'); see also Arista Records..
LLC v. Doe 3, 604 F.3d 110, 120-21 (2d Cir. 2010) (although Twombly and Iqbal do not impose
a heightened pleading standard in employment discrimination cases, enough facts must still be
pleaded to make plaintiff s claim plausible).
Accordingly, in light of plaintiffs pro se status, plaintiff is granted thirty (30) days leave
to file an amended complaint to correct the deficiencies discussed above. See Cruz v. Gomez,
202 F.3d 593 (2d Cir. 2000). The amended complaint must also include a short, plain statement
of facts sufficient to support a plausible claim that his former employer discriminated against
him in violation of Title VII.
The amended complaint will completely replace the original complaint, must be
captioned, "Amended Complaint," and shall bear the same docket number as this Order. No
summons shall issue at this time and all further proceedings shall be stayed for thirty (30) days.
The Clerk of Court is directed to forward an employment discrimination form complaint to
plaintiff with this Order.
If plaintiff fails to file an amended complaint within thirty (30) days of the date of this
Order, the instant action shall be dismissed pursuant to 28 U.S.c. § 1915(e)(2)(B)(ii) and
judgment shall enter. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
would not be taken in good faith and therefore in forma pauperis status is denied for the purpose
of any appeal. Coppedge v. United States, 369 U.S. 438,
Dated: Brooklyn, New York
/S/ Judge Roslynn R. Mauskopf
ROSL YNN R. MAUSKOPF
United States District Judge
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