Dwayne Scott DeBerry Jr. v. Performance Driven Workforce

Summary

The United States District Court for the Eastern District of Michigan dismissed Dwayne Scott DeBerry Jr.'s pro se employment discrimination and retaliation action against Performance Driven Workforce for failure to state a claim. The court concluded that DeBerry's complaint and response did not allege facts suggesting discrimination based on a protected class or retaliation based on protected conduct.

Holdings

1. The complaint failed to state a viable Title VII discrimination or retaliation claim because it alleged no specific facts showing or suggesting that the plaintiff was discriminated against based on membership in a protected class or retaliated against for protected conduct.
2. The court was required to dismiss the action under 28 U.S.C. § 1915(e)(2) because the complaint failed to state a claim upon which relief could be granted and the plaintiff's response did not cure that deficiency.

Questions Presented

1. Whether the complaint stated a viable Title VII discrimination or retaliation claim sufficient to survive screening under 28 U.S.C. § 1915(e)(2).
2. Whether the plaintiff's response to the show-cause order cured the complaint's failure to allege facts supporting unlawful discrimination or retaliation.

Disposition

dismissed