Adams v. Equal Employment Opportunity Commission

Opinion

FILED JUL 2 3 2012 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy Courts for the District of Columbia

Dale B. Adams, ) ) Plaintiff, ) ) V. ) Civil Action No. 12 1201 ) Equal Employment ) Opportunity Commission et a!., ) ) Defendants. )

MEMORANDUM OPINION

Before the Court are plaintiffs complaint brought pro se and application to proceed in

forma pauperis. The application will be granted and the complaint dismissed. Pursuant to 28

U.S.C. § 1915~e)(2), the Court is required to dismiss a case "at any time [it] determines that ...

the action ... fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)

(2)(B)(ii).

Plaintiff, a resident of Harrison, Arkansas, sues the Equal Employment Opportunity

Commission ("EEOC") and its Chairperson for the alleged wrongful processing of his grievances

against Tysons Foods. "[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 must be dismissed. A separate Order accompanies this

Memorandum Opinion.

tl 3