*1
FILLD
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Consuelo Jordan, Plaintiff, v.
EEOC, Washington Field Office, Acting Director Mindy Weinstein, Defendant.
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the case will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Under that statute, the Court is required to dismiss a case "at any time" it determines that the complaint fails to state a claim upon which relief can be granted.
Plaintiff is a District of Columbia resident who has sued the Acting Director of the Equal Employment Opportunity Commission's Washington Field Office ("EEOC"). Compl. Caption. The complaint is not a model of clarity, but it appears from the attachments that this action arises from EEOC's handling of plaintiff's employment discrimination complaint against the Executive Office for United States Attorneys. "[N]o cause of action against the EEOC exists for challenges to its processing of a claim." Smith v. Casellas, 119 F.3d 33, 34 (D.C. Cir. 1997) (per curiam). Rather, "Congress intended the private right of action . . . under which an aggrieved employee may bring a Title VII action directly against his or her employer [] to serve as the remedy for any improper handling of a discrimination charge by the EEOC." Id., citing 42 U.S.C. § 2000e-
*2 5(f)(1). Therefore, this case will be dismissed. A separate Order accompanies this Memorandum Opinion.
Date: August 1, 2017