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Hood v. City of Memphis Public Works Div

United States District Court, W.D. Tennessee, Western Division

January 8, 2018

HARVELL HOOD, Plaintiff,
v.
CITY OF MEMPHIS PUBLIC WORKS DIV. and JEFF ALLOWAY, Defendants.

          REPORT AND RECOMMENDATION FOR PARTIAL SUA SPONTE DISMISSAL

          DIANE K. VESCOVO CHIEF UNITED STATES MAGISTRATE JUDGE

         On November 29, 2017, the plaintiff, Harvell Hood (“Hood”), filed a pro se complaint against the City of Memphis Public Works Division[1] (“City of Memphis”) and Jeff Alloway (“Alloway”) alleging discrimination based on race, color, gender, and religion, as well as retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). (Compl., ECF No. 1.) On December 7, 2017, the court issued an order granting Hood leave to proceed in forma pauperis. (ECF No. 7.) This case has been referred to the United States Magistrate Judge for management and for all pretrial matters for determination and/or report and recommendation as appropriate. (Admin. Order 2013-05, Apr. 29, 2013.)

         For the reasons that follow, it is recommended that all of Hood's claims against Alloway be dismissed sua sponte for failure to state a claim upon which relief may be granted. It is further recommended that Hood's claims of race, color, gender, and religious discrimination be dismissed sua sponte as to the City of Memphis for failure to state a claim upon which relief may be granted but that Hood's Title VII retaliation claim against the City of Memphis be allowed to proceed.

         I. PROPOSED FINDINGS OF FACT

         Hood filed his complaint on a court-supplied form styled “Complaint, ” in which he filled in the blanks indicating discrimination based on race (African American), color (Black), sex (Male), and religion (A.M.E.), as well as retaliation. (Compl. ¶ 6, 9, ECF No. 1.) Hood alleges the following facts: “Supervison(s) [sic] verbally abused for months threaten me if I would'nt [sic] work in dangerous and unsafe conditions, audio, photos and violation from OSHA available.” (Id. ¶ 10.) At the bottom of his application to proceed in forma pauperis, Hood wrote, “I'm still employed with the City but not recieving [sic] any pay, because they wouldn't let me come back once I filed this claim/petition and I'm still a city employee!” (Appl. 5, ECF No. 2.)

         Hood attached to his complaint the EEOC Notice of Right to Sue dated November 21, 2017, (ECF No. 1-1), which Hood alleged he received on November 25, 2017, (Compl. ¶ 14, ECF No. 1). Hood did not attach the charge he filed with the EEOC. (See id.) For relief, Hood requests $100, 000 for “pain and suffering/divorce, lost time from work, promotions.” (Id. at 6.)

         II. PROPOSED CONCLUSIONS OF LAW

         A. 28 U.S.C. § 1915(e)(2) Screening

         Pursuant to Local Rule 4.1(b)(2), service will not issue in a pro se case where the pro se plaintiff has been granted leave to proceed in forma pauperis until the complaint has been screened under 28 U.S.C. § 1915(e)(2)(B). The clerk is authorized to issue summonses to pro se litigants only after that review is complete and an order of the court issues. This report and recommendation will constitute the court's screening of Hood's complaint.

         The court is required to screen in forma pauperis complaints and to dismiss any complaint, or any portion thereof, if the action:

(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune ...

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