David Wayne Gibson, Jr. v. American Travel Associates, et al.

Summary

The United States District Court for the Eastern District of Louisiana overruled David Wayne Gibson Jr.’s objection and adopted the magistrate judge’s recommendation. The court dismissed his Second Amended Complaint against American Travel Associates with prejudice and without leave to amend, concluding that his claims were facially prescribed and that his allegations did not support equitable tolling based on his medical condition.

Holdings

1. Equitable tolling was unavailable because Plaintiff alleged no facts showing incapacity during the 300-day period for filing an EEOC charge and made only a barebones assertion in his objection.
2. Dismissal of Plaintiff's Second Amended Complaint with prejudice and without leave to amend was proper because the pleadings did not sufficiently allege equitable tolling and the claims were facially prescribed.
3. The court overruled Plaintiff's objection and approved and adopted the magistrate judge's report and recommendation after de novo review.

Questions Presented

1. Whether Plaintiff's objection established a basis for equitable tolling of the 300-day period for filing an EEOC charge based on medical treatment and an alleged cancer-related incapacity.
2. Whether the absence of specific allegations supporting equitable tolling required dismissal of the Second Amended Complaint for failure to state a claim and as facially prescribed.
3. Whether the magistrate judge's report and recommendation should be adopted after de novo review.

Disposition

dismissed