Lucas v. Molten, Allen & Williams, No. 2:2016cv00556 - Document 5 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/27/2016. (JLC)

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Lucas v. Molten, Allen & Williams Doc. 5 FILED 2016 Apr-27 PM 04:24 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVID LUCAS, Plaintiff, v. MOLTEN, ALLEN, & WILLIAMS, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-00556-VEH-JEO MEMORANDUM OPINION The Plaintiff has filed a motion to proceed in forma pauperis (doc. 2). See 28 U.S.C.§ 1915(a)(1); see also Floyd v. United States Postal Serv., 105 F.3d 274, 276 (6th Cir. 1997) (both prisoners and non-prisoners are eligible for relief under § 1915(a)(1).). On the basis of the affidavit submitted in support of the motion, the Court determines that the Plaintiff is indigent. Accordingly, the motion will be granted. Section 1915(e) provides that “[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action . . . is frivolous or . . . fails to state a claim on which relief may be granted[.]” 28 U.S.C. § 1915(e)(2)(B)(i), (ii). In the instant case, the plaintiff seeks relief under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., for “accrued overtime compensation not paid[] . . . in 1992/1993.” (Doc. 1 at 5; see also doc. 1 generally). “The statute of limitations for claims seeking unpaid overtime wages generally is two years, but if the claim is one ‘arising out of a willful violation,’ another year is added to it. 29 U.S.C. § 255(a). Alvarez Perez v. Sanford-Orlando Kennel Club, Inc., 515 F.3d 1150, 1162 (11th Cir. 2008). Under either of these time periods, the plaintiff’s claim is time barred, and thus fails to state a claim upon which relief may be granted. The plaintiff’s action will therefore be dismissed by separate order. DONE and ORDERED this 27th day of April, 2016. VIRGINIA EMERSON HOPKINS United States District Judge

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