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Keith leedom musition1/7/2024 Plaintiff's Complaint is difficult to follow and describes not only his claims against the Defendants, but it also contains support and a description of the factual background and arguments. Complaints should not be needlessly long, highly repetitive, or rambling. Additionally, Rule 8(e) states, "Each averment of a pleading shall be simple, concise, and direct." Taken together, these rules emphasize the requirement that pleadings should be clear and brief. Plaintiff is advised that if he chooses to amend his Complaint, the Amended Complaint must with Rule 8(a)(2) of the Federal Rules of Civil Procedure, which requires that a Complaint short and plain statement of the claim showing the pleader is entitled to relief." Id. 1049 (1994) (rejecting individual supervisory liability under Title VII). Liability under Title VII extends only to the employer if a violation is established and not to the individual employees. Moreover, Plaintiff cannot state a claim against individual Defendants Keith Leedom, David Warmus, and Joey Prince under Title VII. Thus, Plaintiff has not alleged that he has exhausted his administrative remedies, and his Complaint will be dismissed with leave to amend. Here, although Plaintiff has attached a letter he sent to the EEOC, he does not allege that he filed a charge with the EEOC or that the EEOC investigated his claims or issued him a right to sue letter. After receipt of the right to sue letter, plaintiff may sue in federal or state court. If the EEOC or Attorney General decides not to sue and if there is no settlement that is satisfactory to plaintiff, the EEOC will issue plaintiff a right-to-sue letter and plaintiff will have exhausted his remedies with the EEOC. Once plaintiff files charges with the EEOC, the commission will investigate the charges, attempt to reach a settlement, and decide whether to sue the employer or refer the decision to sue to the Attorney General if the charges are against a state or local governmental entity. Title VII allows persons to sue an employer for discrimination on the basis of race, color, religion, gender or national origin if he or she has exhausted both state and Equal Employment Opportunity Commission (EEOC) administrative procedures. He also alleges he was discriminated on the basis of his race. He alleges that his former employer, Defendant Sky Security, and several employees retaliated against him for not participating in an investigation involving gratuity. Plaintiff's Complaint attempts to state a claim for discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. Secondly, where the claims in the complaint have not crossed the line from plausible to conceivable, the complaint should be dismissed. Mere recitals of the elements of a cause of action, supported only by conclusory allegations, do not suffice. The court must accept as true all well-pled factual allegations contained in the complaint, but the same requirement does not to legal conclusions. Although Rule 8 does not require detailed factual allegations, it demands "more than labels and conclusions" or a "formulaic recitation of the elements of a cause of action." Ashcroft v. A properly pled complaint must provide a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. Review under Rule 12(b)(6) is essentially a on a question of law. Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for dismissal of a complaint for to state a claim upon which relief can be granted. When a court dismisses a complaint under § 1915(a), the plaintiff should be given leave to amend the complaint with directions as to curing its deficiencies, unless it is clear from the face of the complaint that the deficiencies could not be cured by amendment. Federal courts are given the authority dismiss a case if the action is "frivolous or malicious," fails to state a claim upon which relief may be granted, or seeks relief from a defendant who is immune from such relief. Upon granting a request to proceed in forma pauperis, a court must additionally screen a complaint pursuant to § 1915(a). #3), and Plaintiff qualifies to proceed in forma pauperis. The court has reviewed Plaintiff's new Application (Dkt. The court directed Plaintiff to file a completed Application on or before March 9, 2011. #1) because it was unclear whether Plaintiff received monthly retirement income. Plaintiff's Application to Proceed In Forma Pauperis (Dkt. Previously, on February 15, 2011, the court entered an Order (Dkt. Ingram's Application to Proceed In Forma (Dkt. This matter is before the court on Plaintiff Andre M.
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