Wilburn v. Eastman Kodak Corp.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff filed this pro se employment discrimination action on November 29, 2004. On May 3, 2005, defendant moved to dismiss the action pursuant to Federal Rules of Civil Procedure 12(b)(5) for failure to comply with Federal Rules of Civil Procedure 4(m). In the alternative, defendant requested dismissal, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), of plaintiffs claims under the New York State Human Rights Law, codified at New York State Executive Law § 290 et seq.

Dismissal Pursuant to Rule 12(b)(5)

Rule 4(m) of the Federal…