Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jackson v. Beacon City School District

United States District Court, S.D. New York

January 14, 2020

WALTER L. JACKSON, Plaintiff,
v.
BEACON CITY SCHOOL DISTRICT, Defendants,

          ORDER

          Nelson S. Roman, United States District Judge.

         Plaintiff Walter L. Jackson, appearing pro se and proceeding in forma pauperis (IFP), filed this action under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e to 2000e-17, alleging that his employer discriminated against him based on his race. Because Plaintiff did not allege facts suggesting that Defendant took any adverse action against him based on his membership in a protected class, and because his allegations seemed to suggest that there was a reason other than his membership in a protected class that resulted in Defendant not paying him, the Court, by order dated November 14, 2019, granted Plaintiff 60 days' leave to file an amended complaint.

         Plaintiff filed an amended complaint on November 27, 2019. (ECF No. 6.) Plaintiffs amended complaint fails to cure the deficiencies of his original complaint. Plaintiff, in his amended complaint, realleges the same facts. Although he writes "see attached" at the end of his statement of facts, he does not attach any documents to his amended complaint. Plaintiffs amended complaint is therefore insufficient to state an employment discrimination claim.

         Leave to Amend

         Second Circuit precedent is clear that "[a] pro se complaint should not [be] dismiss[ed] without [the Court's] granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Dolan v. Connolly, 794 F.3d 290, 295 (2d Cir. 2015) (quoting Chavis v. Chappius, 618 F.3d 162, 170 (2d Cir. 2010) (internal quotation marks omitted)). Although the Court has already given Plaintiff one opportunity to amend his complaint, in an abundance of caution, the Court grants Plaintiff one final opportunity to amend his complaint to allege enough facts to establish an employment discrimination claim. If Plaintiff is unable to meet this burden in a second amended complaint, the Court will have to dismiss this action for failure to state a claim upon which relief may be granted.

         If Plaintiff chooses to file a second amended complaint, the Court strongly encourages him to ask for assistance from someone who can help him organize his thoughts and claims. If Plaintiff needs legal advice related to this matter, he may contact the New York Legal Assistance Group's Legal Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this Court. A copy of the flyer with details of the clinic is attached to this order. The second amended complaint, if Plaintiff chooses to file one, should be sent to this Court's Pro Se Intake Unit and labeled with docket number 19-CV-8164 (NSR).

         In the statement of claim, Plaintiff must provide a short and plain statement of the relevant facts supporting each claim against each defendant named in the second amended complaint. Plaintiff is also directed to provide the addresses for any named defendants. To the greatest extent possible, Plaintiffs second amended complaint must:

a) give the names and titles of all relevant persons;
b) describe all relevant events, stating the facts that support Plaintiffs case including what each defendant did or failed to do;
c) give the dates and times of each relevant event or, if not known, the approximate date and time of each relevant event;
d) give the location where each relevant event occurred;
e) describe how each defendant's acts or omissions violated Plaintiffs rights and describe the injuries Plaintiff suffered; and
f) state what relief Plaintiff seeks from the Court, such as money damages, injunctive relief, or declaratory relief.

         Essentially, the body of Plaintiff s second amended complaint must tell the Court: who violated his federally protected rights; what facts show that his federally protected rights were violated; when such violation occurred; where such violation occurred; and why Plaintiff is entitled to relief. Because Plaintiffs second amended complaint will completely replace, not supplement, the original complaint and the amended ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.