Smith v. Amazon.Com. Inc.

Filing 10

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 06/15/2018. (Copy mailed to Pro Se Plaintiff Smith). (smej, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WILLIAM F. SMITH, JR., Plaintiff, V. Civil Action No. 3:18cvl70 AMAZON.COM.KYDC, LLC, Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant Amazon.com.kydc's ("Amazon") Motion to Dismiss.^ (ECF No. 2.) PlaintiffWilliam F. Smith, proceeding pro se, responded, and Amazon replied. (ECF Nos. 7, 8.) Accordingly, this matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. This Court exercises A jurisdiction pursuant to 28 U.S.C. § 1331. For the reasons that follow, the Court will grant the Motion to Dismiss. I. Background A. Procedural Background On December 27,2016, Smith filed a charge of discrimination based on disability against Amazon with the Equal Employment Opportunity Commission ("EEOC"). Smith asserted that ^Amazon provided Smith with appropriate notice pursuant to Roseboro v. Garrison^ 528 F.2d 309, 310 (4th Cir. 1975). "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Smith alleges violations of the Americans with Disabilities Act, 42 U.S.C. § 12101, er seq., (the "ADA") and the Sixth Amendment to the United States Constitution.

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