Leroy H. Johnson, Jr. v. Alex Rodriguez, Etc.

Type

Opinion

Author

Bruce Marshall Selya

Filed

Oct. 9, 1991

Case

Leroy H. Johnson, Jr. v. Alex Rodriguez, Etc.

Case status

Decided

The first passage of the document, as extracted by the source provider.

SELYA, Circuit Judge. Plaintiff-appellant Leroy Johnson, Jr. appeals the district court’s sua sponte dismissal of his complaint. Because we find the legal theories on which Johnson’s claims are based to be patently unmeritorious, we affirm. I. BACKGROUND Based on the plaintiff’s complaint and ancillary documents docketed in the district court, it appears that Johnson, a black male, filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) in January 1980. The charge was directed against Harvard University. It alleged that Johnson had applied for some fourteen positions over the preceding two months, ranging from laboratory technician to research assistant to messenger to security guard, all to no avail. Harvard’s failure to hire him, Johnson said, was premised on his color. The EEOC was unsuccessful in its conciliation efforts. It subsequently transmitted the charge to the Massachusetts Commission Against Discrimination (MCAD), a state agency. On September 27, 1983, the EEOC issued a statutory right-to-sue letter, putting Johnson on notice that he could file a private action in federal district court within ninety days. Johnson did not sue. It was not…

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