Triana v. Syracuse City School District et al

Filing 16

ORDER granting defts' 8 Motion to Dismiss. Signed by Judge David N. Hurd on 10/14/10. (cbm )

Triana v. Syracuse City School District et al

Doc. 16

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~ FREDDY TRIANA, Plaintiff, vs SYRACUSE CITY SCHOOL DISTRICT; and BRIAN NOLAN, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: FREDDY TRIANA Plaintiff, Pro Se 402 Robineau Road Syracuse, NY 13210 FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C. Attorneys for Defendants 5010 Campuswood Drive East Syracuse, NY 13057 DAVID N. HURD United States District Judge ORDER Plaintiff filed his complaint on June 15, 2010, on the basis of race and national origin discrimination in violation of Title VII of the 1964 and 1991 Civil Rights Act, 42 U.S.C. § 2000e, et seq. (Docket No. 1). Defendants move to dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 56. (Docket No. 8). Plaintiff opposed. (Docket No. 12). Defendants replied. (Docket No. 15). Plaintiff admits that he did not comply with the conditions precedent required to commence a Title VII claim. He has also failed to assert any facts that he was prevented OF COUNSEL: 5:10-CV-691

CHARLES E. SYMONS, ESQ.

Dockets.Justia.com

from, or mislead by the defendants, from exercising his legal rights. Thus, his Title VII action is untimely. Plaintiff's assertion of 42 U.S.C. § 1981 to avoid dismissal is unavailing. Therefore, it is ORDERED, that the complaint is DISMISSED. The Clerk is directed to enter judgment accordingly. IT IS SO ORDERED. Dated: October 14, 2010 Utica, New York.

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