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Earl v. Speer

United States District Court, E.D. North Carolina, Western Division

May 15, 2018

CHRISTOPHER EARL, Plaintiff,
v.
ROBERT M. SPEER, Secretary, Department of the Army, Defendant.

          ORDER

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

         This 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.

         STATEMENT OF THE CASE

         Plaintiff 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.

         Defendant 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 Supervisor” position.
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, “EEO Complaint”).
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, 2017.
10) EEOC dismissal of plaintiff's request for reconsideration, stamped received April 7, 2017 (hereinafter, the ÔÇťApril ...

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