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James v. Gurneys Inn Resort & Spa Ltd.

United States District Court, E.D. New York

April 25, 2017

MARK JAMES, Plaintiff,
v.
GURNEYS INN RESORT & SPA LTD, Defendant.

          For Plaintiff: Mark James, pro se.

          For Defendant: No appearance.

          MEMORANDUM & ORDER

          JOANNA SEYBERT, U.S.D.J.

         On December 2, 2016, pro se plaintiff Mark James (“Plaintiff”) filed a Complaint in this Court pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”) and the Age Discrimination in Employment Act of 1967, as codified, 29 U.S.C. §§ 621 to 634 (“ADEA”) against Gurneys Inn Resort & Spa Ltd. (“Defendant”), accompanied by an application to proceed in forma pauperis.

         Upon review of the declaration in support of Plaintiff's application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. §§ 1914(a); 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, Plaintiff's claims are sua sponte DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C.§ 1915(e)(2)(B)(ii).

         BACKGROUND[1]

         Plaintiff's Complaint is submitted on the Court's employment discrimination complaint form and seeks to recover monetary damages pursuant to Title VII and the ADEA for the alleged illegal termination, inter alia, of Plaintiff's employment with Defendant. Although Plaintiff has checked the boxes on the form Complaint to allege that Defendant discriminated against him based on his race, gender/sex, age, and disability/perceived disability (Compl. ¶ III. D), he indicates only that he was born in 1960 and that his disability is high blood pressure but has left blank the spaces on the form Complaint that call for Plaintiff's race and gender/sex. (Id.)

         In the space on the form Complaint that calls for a summary of the facts of the case, Plaintiff alleges the following, in its entirety:[2]

(1) My job was to enter staff housing units to do smoke detector inspections. Human Resources posted Spanish versions Notice to Enter, a female employee (Spanish) claims that I entered with no notice. The employee was properly notified several times and never co-operated.

         English & Spanish posted notes.

(2) I was wrongfully terminated. I am entitled to the investigation paperwork.
(3) Gurneys never offered me health insurance and my 90 day review.

(Compl. ΒΆ III.E.) Plaintiff has also annexed to his Complaint a single page, undated letter that ...


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