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Capnord v. Fred's

United States District Court, N.D. Mississippi, Greenville Division

April 26, 2017

SAMUEL LYDELL CAPNORD PLAINTIFF
v.
FRED'S DEFENDANT

          MEMORANDUM OPINION AND ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

         This civil rights action is before the Court on Fred's Stores of Tennessee, Inc.'s motion to dismiss, or in the alternative, for summary judgment. Doc. #33.

         I Procedural History

         A. The Complaint and In Forma Pauperis Application

         On November 16, 2015, Samuel Lydell Capnord filed a pro se complaint in this Court against “Fred's.” Doc. #4. In submitting his complaint, Capnord utilized what appears to be a form complaint for employment discrimination claims. In this regard, the first question of the form complaint states:

         This civil action is commenced by, Plaintiff, under the following statutory law (place a check mark in the appropriate box):

[ ] Title VII of the Civil Rights Act of 1964, 42 USC §§ 2000e et seq., for employment discrimination on the basis of race, color, sex (gender, pregnancy, and sexual harassment), religion, or national origin.
[ ] The Age Discrimination in Employment Act [ADEA], 29 USC §§ 621 et seq.
[ ] The Americans With Disabilities Act [ADA], 42 USC §§ 12102 et seq.
[ ] The Equal Pay Act [EPA], 29 USC § 206(d).
[ ] The Rehabilitation Act of 1973, 29 USC §§ 791 et seq. (Applicable to federal employees only).

Id. at 1. After filling in his name, Capnord checked only the Title VII box. Id. Of relevance here, Capnord also completed the form's question ten, which states:

Defendant -
(place a check mark V in all of the following selections that are applicable to your Complaint)
[ ] Failed to employ Plaintiff
[ ] Fired Plaintiff
[ ] Failed to promote Plaintiff
[ ] Harassed Plaintiff
[ ] Other (specify clearly and briefly):

         Doc. #4 at 3. Capnord checked the “Other” box and wrote, “I was a disabled customer. Also, discriminated against[] because of ... Plaintiffs ...


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