United States District Court, E.D. New York
Plaintiff: Mark James, pro se.
Defendant: No appearance.
MEMORANDUM & ORDER
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.
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).
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.)
space on the form Complaint that calls for a summary of the
facts of the case, Plaintiff alleges the following, in its
(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.
& Spanish posted notes.
(2) I was wrongfully terminated. I am entitled to the
(3) Gurneys never offered me health insurance and my 90 day
(Compl. ¶ III.E.) Plaintiff has also annexed to his
Complaint a single page, undated letter that ...