Williams v. United States , 257 F. App'x 648 ( 2007 )


Menu:
  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-2043
    W. SHEROD WILLIAMS, Ph.D.,
    Plaintiff - Appellant,
    versus
    UNITED STATES OF AMERICA,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.   William M. Nickerson, Senior District
    Judge. (1:05-cv-02216-WMN)
    Submitted:   July 9, 2007                  Decided:   December 7, 2007
    Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Vacated and remanded by unpublished per curiam opinion.
    Ari Taragin, Michael J. Snider, SNIDER & ASSOCIATES, LLC,
    Baltimore, Maryland, for Appellant.     Rod J. Rosenstein, United
    States Attorney, Allen F. Loucks, Assistant United States Attorney,
    Baltimore, Maryland, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    W. Sherod Williams filed an employment discrimination
    action against the Department of Veterans Affairs (“Defendant”),
    asserting that he was subjected to a hostile work environment based
    upon race and retaliation and that Defendant retaliated against
    him.   Defendant filed a motion to dismiss or, in the alternative,
    for summary judgment.     The district court granted Defendant’s
    motion to dismiss and dismissed the action.    “We review de novo a
    district court’s dismissal for failure to state a claim under
    Federal Rule of Civil Procedure 12(b)(6).”      Sec’y of State for
    Def. v. Trimble Navigation Ltd., 
    484 F.3d 700
    , 705 (4th Cir. 2007).
    “[W]hen ruling on a defendant’s motion to dismiss, a judge must
    accept as true all of the factual allegations contained in the
    complaint.”   Erickson v. Pardus, 
    127 S. Ct. 2197
    , 2200 (2007)
    (citations omitted). To survive a Rule 12(b)(6) motion, “[f]actual
    allegations must be enough to raise a right to relief above the
    speculative level” and have “enough facts to state a claim to
    relief that is plausible on its face.”   Bell Atl. Corp. v. Twombly,
    
    127 S. Ct. 1955
    , 1965, 1974 (2007).
    With these standards in mind, we have reviewed the record
    on appeal and conclude that the district court erred in dismissing
    Williams’ complaint for failure to state a claim.      See Baqir v.
    Principi, 
    434 F.3d 733
    , 745-47 (4th Cir.) (discussing elements of
    hostile work environment and retaliation claims), cert. denied, 127
    - 2 -
    S. Ct. 659 (2006).    Accordingly, we vacate the district court’s
    order and remand for further proceedings.        We express no view on
    the ultimate disposition of Williams’ claims.           We dispense with
    oral   argument   because   the   facts   and   legal   contentions   are
    adequately presented in the materials before the court and argument
    would not aid the decisional process.
    VACATED AND REMANDED
    - 3 -
    

Document Info

Docket Number: 06-2043

Citation Numbers: 257 F. App'x 648

Judges: Niemeyer, Traxler, Hamilton

Filed Date: 12/7/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024