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Dzanku v. Brennan

United States District Court, D. Massachusetts

September 6, 2017

MENSAH MANFRED DZANKU, Plaintiff,
v.
MEGAN J. BRENNAN, Postmaster General of the United States, Defendant,

          MEMORANDUM OF DECISION AND ORDER

          TIMOTHY S. HILLMAN DISTRICT JUDGE

         Background

         Mensah Manfred Dzanku (“Dzanku” or “Plaintiff”) has filed an Amended Complaint (Docket No. 6) against Megan J. Brennan, Postmaster General of the United States (“Postmaster General”)[1] alleging claims for discrimination based on race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., and age, in violation of Age Discrimination and Employment Act (“ADEA”) of 1967, 29 U.S.C. §633a, et seq.

         This Memorandum of Decision and Order addresses Defendant's Motion To Dismiss, Or, In The Alternative, For Summary Judgment (Docket No. 12). For the reasons set forth below, the Defendant's motion to dismiss is granted.

         Facts

         The following facts are stated in a light most favorable to the Plaintiff, as the non-moving party.

         By letter dated October 26, 2011, the United States Postal Service (“Postal Service”) informed Dzanku that his employment as a Postal Support Employee had been terminated. Dzanku first contacted an Equal Employment Opportunity (“EEO”) counselor in 2014.[2] Dzanku reported the date of the incident as October 18, 2011.

         On August 13, 2015, the EEOC sent Dzanku a Dismissal and Notice of Rights (“Dismissal Notice”) pursuant to which it notified him that it was closing the file on his claim after adopting the finding of the state or local fair employment agency that had investigated the charge. The Notice informed Dzanku that he had a right to file a lawsuit alleging violation of Title VII or the ADEA in federal or state court “WITHIN 90 DAYS of you receipt of this notice; or your right to sue based on this charge will be lost.” Dzanku was not in the United States when the notice was mailed to him; he returned to the United States on December 28, 2015 and did not see the Notice until January 2016.

         Dzanku filed suit in this Court on February 22, 2016, naming the EEOC as defendant. However, because the EEOC was not the proper party to this action, he was notified that his action was subject to dismissal unless he amended his pleading to name the proper party (his former employer). Dzanku filed his Amended Complaint on August 16, 2016. See supra, note 1. Set forth below is the entirety of the averments contained in the Amended Complaint:

1. I am a resident of Worcester, Massachusetts.
2. The United States Postal Service is the Defendant.
3. I was not in the country when the attached Notice of Dismissal was mailed to me by the U.S. Equal Employment Opportunity Commission. I am appealing the dismissal of my discrimination case against The United States Postal Service.
4. I did not return to the United States until December 28, 2015 and did not see the Dismissal Notice until January 2016.
5. I have a valid claim of discrimination on the basis of my age and race for my wrongful termination (see ...

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