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, )

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

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