Opinion
Civil Action No 11 2248
12-19-2011
Glenn A. Greene, Plaintiff, v. Washington Field Office; U.S. Equal Employment Opportunity Commission, Defendant.
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the case will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Under that statute, the Court is required to dismiss a case "at any time" it determines that the complaint fails to state a claim upon which relief can be granted.
Plaintiff, a District of Columbia resident, has submitted a complaint against the Washington Field Office of the Equal Employment Opportunity Commission ("EEOC") based on its processing of his complaint against his former employer. "[N]o cause of action against the EEOC exists for challenges to its processing of a claim." Smith v. Casellas, 119 F.3d 33, 34 (D.C. Cir. 1997), cert, denied, 118 S.Ct. 386 (1997). Rather, "Congress intended the private right of action . . . under which an aggrieved employee may bring a Title VII action directly against his or her employer [] to serve as the remedy for any improper handling of a discrimination charge by the EEOC." Id. Accordingly, the complaint will be dismissed. A separate Order accompanies this Memorandum Opinion.
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United States District Judge