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Whitt v. Buffalo Transp. Inc.

Racial Discrimination Suit Dismissed Due to Complaint's Failure to Refer to Race

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*1 Pro se Plaintiff Anthony Whitt brings this action for racial discrimination and retaliation against Defendant Buffalo Transportation Inc. pursuant to 42 U.S.C. §1983 and Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§2000-e-2000e-17. See ECF No. 1. Plaintiff filed his Complaint on July 20, 2017. Id. On August 1, 2017, Defendant moved to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 3. For the reasons that follow, Defendant’s Motion is GRANTED, and Plaintiff is granted leave to file an Amended Complaint.Background1Plaintiff worked for Defendant on an at-will basis as a “wheelchair driver” from November 11, 2015 to September 26, 2016. ECF No. 5, at 3. He takes issue with three incidents that occurred during his employment: First, on August 14, 2016, Plaintiff was asked to complete a pick-up during his lunch break, which he refused to do. ECF No. 1, at 2. Plaintiff declined repeated requests

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