Little v. Levy Premium Food Service

Filing 3

ORDER signed by Judge Rudolph T. Randa on 10/15/2014. By 11/5/2014 Plaintiff to supplement information filed to indicate whether he has exhausted his adminstrative remedies. Failure to comply will result in dismissal of action for lack of prosecution. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOHNNIE LITTLE,
Plaintiff,
v.

Case No. 14-C-1063

LEVY PREMIMUM FOOD SERVICE,
doing business as Levy Restaurants
Defendant.

DECISION AND ORDER
Plaintiff Johnnie Little (“Little”) seeks leave to proceed in forma
pauperis in the above captioned action against his former employer,
Defendant Levy Premium Food Service (“Levy Food”), alleging that Levy
Food discriminated against him based on his race (African-American) by
subjecting him to disparate treatment and a hostile work environment. To
authorize a litigant to proceed in forma pauperis, the Court must make two
determinations: 1) whether the litigant is unable to pay the costs of
commencing the action; and, 2) whether the action is frivolous or malicious.
28 U.S.C. § 1915(a) & (e)(2). The Court must deny a request to proceed IFP
if (1) the allegation of poverty is untrue; (2) the action is frivolous; (3) the
action fails to state a claim; or (4) the action seeks monetary relief against

an immune defendant. 28 U.S.C. § 1915(e)(2).
Review of Little’s petition and affidavit to proceed without
prepayment of costs and fees indicates that he is unemployed, receives
$189 in public assistance and has no valuable assets of any kind. From
time to time his mother allows him to sleep at her home.

Little has

established that he is unable to pay the $400 fee for filing this action.
Little has also alleged facts regarding race discrimination in
violation of Title VII of the 1964 Civil Rights Act, 42 USC 2000e-2.
However, under Title VII, a plaintiff is required to exhaust his
administrative remedies by filing a complaint with the appropriate federal
or state agency. Volovsek v. Wis. Dep’t of Agric., Trade & Consumer Prot.,
344 F.3d 680, 687 (7th Cir. 2003). See also, Miller v. Am. Family Ins. Co.,
203 F.3d 997, 1002 n.3 (7th Cir. 2000); Cheek v. W. & S. Life Ins. Co., 31
F.3d 497, 500 (7th Cir. 1994). Before the Court resolves Little’s motion for
leave to proceed in forma pauperis, Little must supplement the information
he has filed to indicate whether or not he has exhausted his administrative
remedies. Little is advised that failure to file such information will result
in the dismissal of this action for failure to prosecute.

-2-

NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
No later than November 5, 2014, Little must supplement the
information he has filed to indicate whether or not he has exhausted his
administrative remedies.
Dated at Milwaukee, Wisconsin, this 15th day of October, 2014.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-3-