Love v. Job North America

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

RAYMOND LOVE, ) ) Plaintiff, ) ) v. ) CV423-015 ) JOB NORTH AMERICA, et al., ) ) Defendants. )

ORDER The Court previously screened pro se plaintiff Raymond Love’s employment discrimination Complaint and directed him to amend it. See doc. 7; see also 28 U.S.C. § 1915(e)(2)(B). The Court noted that the original Complaint did not contain sufficient factual allegations to state a claim upon which relief could be granted. See id. at 2-5. Love has complied with the Court’s direction to submit an Amended Complaint. See doc. 8. However, the Amended Complaint includes no factual allegations at all. See id. at 4-5. The entire lack of factual allegations is clearly insufficient to state a claim. Cf. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is lable for the misconduct alleged.”). Love’s Amended Complaint is, therefore, subject to dismissal. See, e.g., 28 U.S.C. § 1915(e)(2)(B)(i). Despite the Amended Complaint’s failure to state a claim, the Court will afford Love one final opportunity to amend his pleading. See Jenkins v. Walker, 620 F. App’x 709, 711 (11th Cir. 2015). Accordingly, Love is DIRECTED to file a Second Amended Complaint no later than March 31, 2023. The Clerk is DIRECTED to include a copy of Form Pro Se 7 (Complaint for Employment Discrimination) for Love’s convenience. Love is advised that failure to submit his amended pleading timely may result in dismissal of his case for failing to obey a court order or failure

to prosecute. See Fed. R. Civ. P. 41(b). SO ORDERED, this 23rd day of February, 2023. Aiighon~d lies CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA