Opinion
Case No. 12-14192
11-08-2012
SIMON PHILLIPS III, Plaintiff, v. UAW UNION AFGE AFL-CIO, and MAX BRYANT, PRESIDENT OF AFGE UNION, Defendants.
HON. GEORGE CARAM STEEH
ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA
PAUPERIS [#2] AND DISMISSING COMPLAINT
PURSUANT TO 28 U.S.C. §1915(e)(2)(B)(ii)
Plaintiff, proceeding pro se, has filed suit against the union and its president claiming they failed to represent him during the termination of his employment with the Veterans Administration hospital. Based upon the information in the Application for Prisoner to Proceed Without Payment of Fees or Costs, the court GRANTS plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the court dismisses plaintiff's complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). As set forth in a report and recommendation in an earlier case filed by plaintiff against the union president, "there is no private cause of action for an aggrieved federal employee, like Plaintiff, to sue his union or union representative in federal court for breach of the duty of fair representation." Phillips v. Bryant, No. 10-12387 (E.D. Mich. January 18, 2012). For the reasons set forth in that report and recommendation, and the order adopting it, plaintiff fails to state a claim. Accordingly, plaintiff's complaint is DISMISSED.
IT IS SO ORDERED.
____________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 8, 2012, by electronic and/or ordinary mail and also
to Simon Phillips #761660, Oaks Correctional Facility,
1500 Caberfae Highway, Manistee, MI 49660