Clay v. United Parcel Service, Inc.

MEMORANDUM AND ORDER

SAM A. CROW, Senior District Judge.

This employment discrimination case comes before the Court on Defendant’s motion to dismiss Plaintiff’s amended complaint for failure to state a claim and for lack of jurisdiction. Plaintiff, acting pro so, opposes the motion.

I. Motion to Dismiss Standards

“The court’s function on a Rule 12(b)(6) motion is not to weigh potential evidence that the parties might present at trial, but to assess whether the plaintiffs ... complaint alone is legally sufficient to state a claim for which relief may be granted.” Miller v. Glanz, 948 F.2d 1562,…