United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. BROWN UNITED STATES DISTRICT JUDGE
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.
The Complaint and In Forma Pauperis Application
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
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
(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):
at 3. Capnord checked the “Other” box and wrote,
“I was a disabled customer. Also, discriminated
against because of ... Plaintiffs ...