Gregory v. Aramark Food and Support Service Group Inc.

Filing 5

ORDER accepting and adopting 3 Report and Recommendations; terming as moot 1 Motion for Leave to Proceed in forma pauperis. Plaintiff's complaint 2 is DISMISSED without prejudice. Signed by District Judge Curtis L Collier on 10/2/17. (aws, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
WILLIAM GREGORY, SR.,
Plaintiff,
v.
ARAMARK FOOD SERVICE
GROUP, INC.,
Defendant.

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No. 1:17-CV-81
Judge Curtis L. Collier

ORDER
United States Magistrate Judge Christopher H. Steger filed a report and recommendation
(the “R&R”) (Doc. 3) on Plaintiff’s motion to proceed in forma pauperis on his employment
discrimination claim. (Doc. 1.) The Magistrate Judge found Plaintiff had failed to state a claim
on which relief could be granted, as Plaintiff failed to allege he was a member of a protected
class or that the other employees who were allegedly treated better for the same conduct were
similarly-situated members of a different class. (Doc. 3.) The Magistrate Judge therefore
recommended Plaintiff’s complaint be dismissed and Plaintiff’s motion to proceed in forma
pauperis be denied as moot. Neither party objected to the R&R within the given fourteen days.
The Court ACCEPTS and ADOPTS the R&R (Doc. 3). Plaintiff’s complaint (Doc. 2) is
DISMISSED without prejudice. The clerk is DIRECTED TO TERMINATE AS MOOT
Plaintiff’s motion to proceed in forma pauperis (Doc. 1).
SO ORDERED.
ENTER:
/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE