McClarence v. International Union of Operating Engineers Locla Union 14-1413
Rickey McClarence |
International Union of Operating Engineers Locla Union 14-1413 |
1:2016cv06614 |
November 22, 2016 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Lois Bloom |
Roslynn R. Mauskopf |
Civil Rights: Jobs |
42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
Plaintiff |
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Filing 25 MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, the defendant Local's motion for summary judgment is granted with respect to plaintiff McClarence's claims pursuant to Title VII of the Civil Rights Act o f 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. Those claims are dismissed with prejudice. The Court declines to exercise supplemental jurisdiction with respect to the claim brought pursuant to the New York City Human Rights Law and dismisses that claim without prejudice to refiling it in state court. The Clerk of Court is directed to enter judgment in accordance with this Memorandum and Order and to close this case. The Clerk of Court shall also send a copy of the judgment and this Memorandum and Order to McClarence at the address listed for him on the docket. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Judge Roslynn R. Mauskopf on 3/18/2019. (Taronji, Robert) |
Filing 5 MEMORANDUM AND ORDER: For the reasons set forth in the attached order, the complaint is dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B). McClarence's claims related to his prior conviction are dismissed without prejudice to filing in state court. McClarence is granted leave to file an amended complaint to allege claims related to Title VII discrimination. No summons shall issue at this time, and all further proceedings shall be stayed for thirty days. Failu re to plead sufficient facts in the amended complaint to give rise to a claim will result in dismissal of this action, and if plaintiff fails to file an amended complaint within thirty days, judgment shall enter. The Court certifies pursuant to 28 U. S.C. § l 9 15(a)(3) that any appeal from this Order would not be taken in good faith, and therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to send Rickey McClarence,pro se,a copy of this order together with a form complaint for employment discrimination actions, and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 9/5/2017. (Taronji, Robert) |
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Defendant: International Union of Operating Engineers Locla Union 14-1413 | |
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Plaintiff: Rickey McClarence | |
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