United States District Court, E.D. North Carolina, Western Division
W. FLANAGAN UNITED STATES DISTRICT JUDGE
matter is before the court on defendant's motion to
dismiss for failure to state a claim (DE 7). Plaintiff filed
a response in opposition, and defendant replied. In this
posture, the issues raised are ripe for ruling. For the
following reasons, defendant's motion is granted.
OF THE CASE
commenced this action on July 10, 2017, asserting a claim
under Title VII of the Civil Rights act of 1964 (“Title
VII”), 42 U.S.C. § 2000(e), et seq., based upon
non-selection in employment because of race. Plaintiff seeks
declaratory relief, back pay, front pay, compensatory
damages, punitive damages, attorney's fees, and costs, in
accordance with Title VII.
filed the instant motion in lieu of answer on October 24,
2017, asserting that plaintiff's claim is time-barred. In
support of the motion, defendant relies upon a declaration of
Patricia H. Lewis (“Lewis”), Lieutenant Colonel,
U.S. Army, attaching the following documents:
1) Department of the Army announcement for
“Communication Cable Splicer / Installer
2) Equal Employment Opportunity (“EEO”)
“Counselor's Report” summarizing matters
giving rise to administrative complaint by plaintiff, dated
October 4, 2012.
3) An EEO “Information Inquiry Summary, ” dated
September 12, 2012.
4) Plaintiff's EEO “Formal Complaint of
Discrimination, ” dated October 17, 2012 (hereinafter,
5) An EEO “Notice of Acceptance of Discrimination
Complaint, ” dated October 25, 2012.
6) A notice of “final decision” on
plaintiff's EEO complaint from the Department of the
Army, dated December 12, 2013.
7) Plaintiff's notice of appeal to the Equal Employment
Opportunity Commission (“EEOC”), stamped received
February 24, 2014.
8) Decision by EEOC on plaintiff's appeal, stamped
received July 26, 2016 (hereinafter, the “July 26,
2016, EEOC Decision on Appeal”).
9) Plaintiff's request for reconsideration of July 26,
2016, EEOC Decision on Appeal, stamped received February 3,
10) EEOC dismissal of plaintiff's request for
reconsideration, stamped received April 7, 2017 (hereinafter,
the “April ...