Diamond v. Hose O Weaver and Son ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION COREY L. DIAMOND, ) ) Plaintiff, ) ) vs. ) CA 19-918-CG-MU ) HOSE O WEAVER AND SON, ) ) Defendant. ) JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that this action be DISMISSED WITHOUT PREJUDICE, prior to service of process, because Diamond has failed to allege in his complaint that he exhausted his administrative remedies before the EEOC as to the Defendant’s alleged discrimination. See Burnett v. City of Jacksonville, Florida, 376 Fed.Appx. 905, 906-907 (11th Cir. Apr. 27, 2010) (upholding a district court’s dismissal without prejudice of a litigant’s civil action alleging gender discrimination and retaliation pursuant to Title VII for failure to allege exhaustion of administrative remedies where the district court afforded litigant the opportunity to re-file to cure any defects). DONE and ORDERED this 16th day of December, 2019. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE