Opinion
Case No. CV414-166
09-24-2014
DARREN L. PETTY, Plaintiff, v. F.C.I. ESTILL and CLEARANCE WIGGINS, Defendants.
REPORT AND RECOMMENDATION
Darren Petty has filed an employment discrimination claim against F.C.I. Estill and Clearance (perhaps Clarence?) Wiggins for "harassment/retaliation" based upon his race, sex, and disability. (Doc. 1 at 3.) He has not offered any factual support for such claims on the form complaint that he has used. (Id. at 3.) He also admits in his motion to proceed in forma pauperis ("IFP") that he has not bothered exhausting his claim with the EEOC. (Doc. 2 at 4.)
Petty's IFP motion is GRANTED, but this case must be DISMISSED because he has failed to exhaust his claims with the EEOC. "Before filing suit under Title VII, the ADA, or the ADEA, a plaintiff must exhaust the available administrative remedies by filing a charge with the EEOC. See 42 U.S.C. § 2000e-5(e)(1) (stating plaintiff must file Title VII charge within 180 days after the alleged unlawful employment practice); 42 U.S.C. § 12117(a) (applying remedies and procedures of Title VII to ADA); 29 U.S.C. § 626(d) (stating plaintiff must file age discrimination charge within 180 days after the alleged discrimination)." Anderson v. Embarq/Sprint, 379 F. App'x 924, 926 (11th Cir. 2010). Plaintiff's failure to exhaust dooms his complaint from the outset.
SO REPORTED AND RECOMMENDED this 24th day of September, 2014.
/s/_________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA