Jordan v. Staffing Plus
Jordan v. Staffing Plus
Opinion of the Court
Plaintiff Dominique Jordan brings this civil action against Staffing Plus, his former employer, based on allegations of employment discrimination. He seeks to proceed in forma pauperis. For the following reasons, the Court will grant plaintiff leave to proceed in forma pauperis and dismiss his complaint without prejudice to him filing an amended complaint.
I. FACTS
Plaintiff was employed by Staffing Plus until his termination on March 29, 2017. By marking the appropriate locations on the Court's form complaint, plaintiff indicates that his former employer violated Title VII, 42 U.S.C. § 2000e. He also asserts claims pursuant to
WRONGFUL TERMINATION, STAFF PLUS wrongfully terminated Aggrieved PARTY not based off performance but because of false arrest, Negative News Article stemmed from assumption. No Facts. STAFFING PLUS did not do own investigation. Also Breach Of CONTRACT. (A Injury). Unlawful Terminated aggrieved party Based off hearsay.
(Compl. ¶ II.E.) He seeks $300,000 in damages pursuant to
II. STANDARD OF REVIEW
The Court grants plaintiff leave to proceed in forma pauperis because it appears he is incapable of paying the fees necessary to commence this action. Accordingly,
III. DISCUSSION
Title VII prohibits an employer from discriminating against an employee based on race. See 42 U.S.C. § 2000e-2(a). In general, to establish a prima facie case of employment discrimination, a plaintiff must show that: (1) he is a member of a *881protected class; (2) he was qualified for the position in question; (3) he suffered an adverse employment action, and; (4) the adverse action occurred under circumstances giving rise to an inference of discrimination. See McDonnell Douglas Corp. v. Green ,
Section 1981 prohibits race-based impairment of an individual's right to make and enforce contracts, or more specifically "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." See
By checking the appropriate locations and by referencing
IV. CONCLUSION
For the foregoing reasons, plaintiff's complaint will be dismissed without prejudice to his filing an amended complaint. An appropriate order follows.
ORDER
AND NOW, this 3rd day of October, 2017, upon consideration of plaintiff's motion to proceed in forma pauperis and his pro se complaint, it is ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED.
2. The complaint is DISMISSED without prejudice for failure to state a claim, pursuant to
3. Plaintiff is given leave to file an amended complaint within thirty (30) days of the date of this Order. Upon the filing of an amended complaint, the Clerk shall not make service until so ORDERED by the Court. If plaintiff fails to file an amended complaint, his case may be dismissed for failure to prosecute without further notice.
Reference
- Full Case Name
- Dominique JORDAN, Relator v. STAFFING PLUS
- Status
- Published