Brewer v. Specialized Prof'l Servs.

Full title: JAMARKO S. BREWER, Plaintiff, v. SPECIALIZED PROFESSIONAL SERVICES INC.…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: May 13, 2020

2:20-cv-00368-NR-CRE (W.D. Pa. May. 13, 2020)

Opinion

2:20-cv-00368-NR-CRE

05-13-2020

JAMARKO S. BREWER, Plaintiff, v. SPECIALIZED PROFESSIONAL SERVICES INC., (SPSI); AND JOHN MITCHELL, OPERATIONS MANAGER, Defendants.

J. Nicholas Ranjan United States District Judge

MEMORANDUM ORDER

This is a pro se civil rights action, and Plaintiff Jamarko Brewer was granted leave to proceed in forma pauperis on April 1, 2020 [ECF 3]. This matter was referred to Chief Magistrate Judge Cynthia Reed Eddy for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court applicable to Magistrate Judges. Service has not been effected on the Defendants yet.

Currently before the Court is a Report & Recommendation [ECF 5] filed by Chief Magistrate Judge Eddy on April 6, 2020, recommending that: (1) Mr. Brewer's claims for "other personal injury," "Fair Labor Standards Act,'" "Labor/Management Relations," "other labor litigation," and "False Claims Act" be dismissed with prejudice as frivolous prior to service under 28 U.S.C. § 1915(e)(2); (2) Mr. Brewer's Title VII race discrimination and "assault/libel/slander" claims be permitted to proceed; and (3) Mr. Brewer be permitted to file an amended complaint to expand upon the Title VII race discrimination and "assault/libel/slander" claims, only consistent with the Report & Recommendation.

Mr. Brewer was notified that, pursuant to 28 U.S.C. § 636(b)(1), objections to the Report & Recommendation were due by April 23, 2020 (for non-ECF users). No objections were filed.

Upon a de novo review of the record of this matter and the Report & Recommendation, the Court finds no clear error on the face of the record, and therefore enters the following order.

AND NOW, this 13^th day of May, 2020, it is ORDERED that the Report & Recommendation [ECF 5] is adopted as the Opinion of the Court.

IT IS FURTHER ORDERED that Mr. Brewer's claims for "other personal injury," "Fair Labor Standards Act,'" "Labor/Management Relations," "other labor litigation," and "False Claims Act" are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that Mr. Brewer must file an amended complaint, amending his claims for Title VII race discrimination and "assault/libel/slander" consistent with the Report & Recommendation, by May 27, 2020.

BY THE COURT:

/s/ J . Nicholas Ranjan

United States District Judge Cc: Jamarko S. Brewer

398 Houston St.

Washington, PA 15301