Cone v. Orrock et al, No. 5:2022cv05087 - Document 7 (D.S.D. 2023)

Court Description: OPINION and ORDER Conducting 1915 Screening of Amended Complaint. Signed by Chief Judge Roberto A. Lange on 5/30/2023. (Mailed to Matthew Cone)(JLS)

Download PDF
Cone v. Orrock et al Doc. 7 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 1 of 17 PageID #: 43 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION MATTHEW AARON CONE, 5:22-CV-05087-RAL Plaintiff, OPINION AND ORDER CONDUCTING 1915 SCREENING OF AMENDED vs. COMPLAINT JULIA ORROCK,LUCA ORROCK, KENNETH ORROCK,BRENT BORRENSON, GEORGE GAZZOLA, Defendants. Plaintiff Matthew Aaron Cone filed a pro se lawsuit alleging employment discrimination.^ See Doc. 1. Cone moved for leave to proceed in forma pauperis and filed a financial affidavit. Doc. 2. This Court granted Cone leave to proceed in forma pauperis and screened his complaint under 28 U.S.C. § 1915(e)(2). Doc. 5. Because Cone's complaint failed to plead facts satisfying the elements of the claims he wished to make and because Cone failed to attach his EEOC complaint and right-to-sue letter to his complaint, this Court granted Cone 30 days to file an amended complaint including his EEOC complaint and his right-to-sue letter. Id at 10. Cone has submitted a supplement containing his EEOC complaint, his right-to-sue letter, his employer's response to the allegations in his EEOC complaint, and his reply to that response. Doc. 6. This Court now screens Cone's amended complaint under 28 U.S.C. § 1915(e)(2). • Cone did not specify in his initial complaint under which federal statutes he sues defendants. Doc. 1 at 5. In his EEOC complaint included in his supplement, he brings claims under Title VII ofthe Civil Rights Act of 1964,the Age Discrimination in Employment Act of 1967(ADEA),and the Equal Pay Act. See Doc.6 at 1. Because he expresses a desire to bring claims for disability discrimination, this Court construes Cone as also bringing claims under the Americans with Disabilities Act of 1990(ADA). S^ Doc. 1-1 at 1-2. 1 Dockets.Justia.com Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 2 of 17 PageID #: 44 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 3 of 17 PageID #: 45 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 4 of 17 PageID #: 46 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 5 of 17 PageID #: 47 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 6 of 17 PageID #: 48 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 7 of 17 PageID #: 49 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 8 of 17 PageID #: 50 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 9 of 17 PageID #: 51 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 10 of 17 PageID #: 52 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 11 of 17 PageID #: 53 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 12 of 17 PageID #: 54 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 13 of 17 PageID #: 55 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 14 of 17 PageID #: 56 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 15 of 17 PageID #: 57 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 16 of 17 PageID #: 58 Case 5:22-cv-05087-RAL Document 7 Filed 05/30/23 Page 17 of 17 PageID #: 59

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.