3:24-cv-02967•Ray-Sampson v. Uplift Education et al
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ALETHA RAY-SAMPSON, § § Plaintiff, § § V. § No. 3:24-cv-2967-E-BN § UPLIFT EDUCATION and SHAQUELA FORD, § § § Defendants. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This case has been referred to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. § 636(b) and a standing order of reference from United States District Judge Ada Brown. See Dkt. No. 1. Ray-Sampson filed a pro se complaint against Defendant Uplift Education and Defendant Shaquela Ford, in her official capacity, asserting claims of age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 623(a)(1) (“ADEA”); retaliation under Title VII of the Civil Rights Act of 1964 and the First Amendment; due process violations under 42 U.S.C. § 1983; and wrongful termination. See Dkt. No. 3 at 1-13. Defendants filed this motion to dismiss or, in the alternative, for summary judgment. See Dkt. No. 15. The Court stayed their deadline to file a responsive pleading to the complaint pending the Court’s disposition of the motion. See Dkt. No. 17; F ED. R. CIV. P. 12(a)(4). Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 1 of 23 PageID <pageID>
- 2 - The Court should grant in part the motion to dismiss [Dkt. No. 15], to the extent explained below, and grant Ray-Sampson leave to amend her complaint. Legal Standards Considering a motion under Rule 12(b)(6), the Court “accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.” In re Katrina Canal Breaches Litig., 495 F.3d 191, 205-06 (5th Cir. 2007). Such a motion is therefore “not meant to resolve disputed facts or test the merits of a lawsuit” and “instead must show that, even in the plaintiff’s best-case scenario, the complaint does not state a plausible case for relief.” Sewell v. Monroe City Sch. Bd., 974 F.3d 577, 581 (5th Cir. 2020). Even so, a plaintiff must plead “enough facts to state a claim to relief that is plausible on its face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), and must plead those facts with enough specificity “to raise a right to relief above the speculative level,” id. at 555. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); cf. Bryant v. Ditech Fin., L.L.C., No. 23-10416, 2024 WL 890122, at *3 (5th Cir. Mar. 1, 2024) (“[J]ust as plaintiffs cannot state a claim using speculation, defendants cannot defeat plausible inferences using speculation.”). “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 556 Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 2 of 23 PageID <pageID>
- 3 - U.S. at 678. So, “[w]here a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (cleaned up; quoting Twombly, 550 U.S. at 557); see, e.g., Parker v. Landry, 935 F.3d 9, 17 (1st Cir. 2019) (Where “a complaint reveals random puffs of smoke but nothing resembling real signs of fire, the plausibility standard is not satisfied.”). And, while Federal Rule of Civil Procedure 8(a)(2) does not mandate detailed factual allegations, it does require that a plaintiff allege more than labels and conclusions, and, so, while a court must accept a plaintiff’s factual allegations as true, it is “not bound to accept as true a legal conclusion couched as a factual allegation.” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). Consequently, a threadbare or formulaic recitation of the elements of a cause of action, supported by mere conclusory statements, will not suffice. See id.; Armstrong v. Ashley, 60 F.4th 262, 269 (5th Cir. 2023) (“[T]he court does not ‘presume true a number of categories of statements, including legal conclusions; mere labels; threadbare recitals of the elements of a cause of action; conclusory statements; and naked assertions devoid of further factual enhancement.’” (quoting Harmon v. City of Arlington, Tex., 16 F.4th 1159, 1162-63 (5th Cir. 2021))). And, so, “to survive a motion to dismiss” under Twombly and Iqbal, plaintiffs must “plead facts sufficient to show” that the claims asserted have “substantive plausibility” by stating “simply, concisely, and directly events” that they contend Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 3 of 23 PageID <pageID>
- 4 - entitle them to relief. Johnson v. City of Shelby, Miss., 574 U.S. 10, 12 (2014) (per curiam) (citing F ED. R. CIV. P. 8(a)(2)-(3), (d)(1), (e)). “Pro se complaints receive a ‘liberal construction.’ Even so, ‘mere conclusory allegations on a critical issue are insufficient.’” Brown v. Tarrant Cnty., Tex., 985 F.3d 489, 494 (5th Cir. 2021) (quoting Carlucci v. Chapa, 884 F.3d 534, 538 (5th Cir. 2018), then United States v. Woods, 870 F.2d 285, 288 n.3 (5th Cir. 1989) (per curiam)). And “liberal construction does not require that the Court ... create causes of action where there are none.” Smith v. CVS Caremark Corp., No. 3:12-cv-2465-B, 2013 WL 2291886, at *8 (N.D. Tex. May 23, 2013). “To demand otherwise would require the ‘courts to explore exhaustively all potential claims of a pro se plaintiff” and would “‘transform the district court from its legitimate advisory role to the improper role of an advocate seeking out the strongest arguments and most successful strategies for a party.’” Jones v. Mangrum, No. 3:16- cv-3137, 2017 WL 712755, at *1 (M.D. Tenn. Feb. 23, 2017) (quoting Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985)). Analysis I. Consideration of Exhibits Aside from “matters of which judicial notice may be taken under Federal Rule of Evidence 201,” Inclusive Communities Project, Inc. v. Lincoln Prop. Co., 920 F.2d 890, 900 (5th Cir. 2019) (citations omitted), a court cannot look beyond the pleadings in deciding a Rule 12(b)(6) motion, see Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir. 1999); see also Basic Capital Mgmt., Inc. v. Dynex Capital, Inc., 976 F.3d 585, Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 4 of 23 PageID <pageID>
- 5 - 589 (5th Cir. 2020) (Federal Rule of Evidence 201(d) “expressly provides that a court ‘may take judicial notice at any stage of the proceeding,’ and our precedents confirm judicially noticed facts may be considered in ruling on a 12(b)(6) motion.” (citations omitted)). Pleadings in the Rule 12(b)(6) context include attachments to the complaint. In re Katrina Canal Breaches Litig., 495 F.3d at 205; see also Gill as Next Friend of K.C.R. v. Judd, 941 F.3d 504, 511 (11th Cir. 2019) (“The Civil Rules provide that an attachment to a complaint generally becomes ‘part of the pleading for all purposes,’ including for ruling on a motion to dismiss.” (quoting F ED. R. CIV. P. 10(c); citations omitted)). And, “[w]hen ‘an allegation is contradicted by the contents of an exhibit attached to the pleading, then indeed the exhibit and not the allegation controls.’” Rogers v. City of Yoakrum, 660 F. App’x 279, 285 n.6 (5th Cir. 2016) (per curiam) (quoting United States ex rel. Riley v. St. Luke’s Episcopal Hosp., 355 F.3d 370, 377 (5th Cir. 2004) (citing, in turn, Simmons v. Peavy-Welsh Lumber Co., 113 F.2d 812, 813 (5th Cir. 1940))). Documents “attache[d] to a motion to dismiss are considered to be part of the pleadings, if they are referred to in the plaintiff’s complaint and are central to her claim.” Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498-99 (5th Cir. 2000) (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir. 1993)). And, while the United States Court of Appeals for the Fifth Circuit “has not articulated a test for determining when a document is central to a plaintiff’s claims, the case law suggests that documents are central when they are necessary to Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 5 of 23 PageID <pageID>
- 6 - establish an element of one of the plaintiff’s claims. Thus, when a plaintiff’s claim is based on the terms of a contract, the documents constituting the contract are central to the plaintiff’s claim.” Kaye v. Lone Star Fund V (U.S.), L.P., 453 B.R. 645, 662 (N.D. Tex. 2011). But, “if a document referenced in the plaintiff’s complaint is merely evidence of an element of the plaintiff’s claim, then the court may not incorporate it into the complaint.” Id. If the Court is presented as part of a Rule 12(b)(6) or 12(c) motion with matters outside the pleadings, Federal Rule of Civil Procedure 12(d) gives the Court “complete discretion” either (1) to disregard the materials or (2), provided that the Court gives all parties “a reasonable opportunity to present all the material that is pertinent to the motion,” to accept and consider them in treating the motion as one for summary judgment under Federal Rule of Civil Procedure 56. F ED. R. CIV. P. 12(d); In re Katrina Canal Breaches Litig., 495 F.3d at 205; Isquith ex rel. Isquith v. Middle S. Utils., Inc., 847 F.2d 186, 196 n.3 (5th Cir. 1988). The Court exercises this discretion by determining whether the proffered material, and the resulting conversion from Rule 12(b)(6) or 12(c) to Rule 56, is likely to facilitate disposing of the action. Isquith, 847 F.2d at 193 n.3. But, “[i]f ... matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56,” and “[a]ll parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.” F ED. R. CIV. P. 12(d). Defendants filed exhibits to support their motion to dismiss and asked the Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 6 of 23 PageID <pageID>
- 7 - Court to treat their motion as one for summary judgment. See Dkt. Nos. 15 & 18. Ray- Sampson also attached exhibits to her response. See Dkt. No. 21. The undersigned finds that, at this early stage in the litigation, converting the motion to dismiss to a motion for summary judgment would be premature. Ray- Sampson has not amended her complaint, and Defendants have not filed an answer. And discovery is not yet complete. See Dkt. No. 27 at 7. Accord Mitchell v. Baylor Univ., No. 6:22-cv-195-ADA, 2022 WL 3219418, at *2 (W.D. Tex. Aug. 9, 2022) (“As to Defendant’s request to convert its 12(b)(6) motion into a motion for summary judgment, the Court finds this premature. The Plaintiff must be given an opportunity to conduct discovery, collect and present its own evidence, depose relevant witnesses, and challenge the admissibility of any evidence offered by the Defendant.”); Fulcrum Credit Partners LLC v. Chipmos Technologies, Inc., No. A-10-ca-60-SS, 2010 WL 11444280, at *7 n.5 (W.D. Tex. Mar. 30, 2010) (“The Court declines to convert the present motion to dismiss into one for summary judgment because it is premature at this early stage, in which the parties have conducted little, if any, discovery.”). And, so, the Court should decline to treat the motion to dismiss as a motion for summary judgment, and it should consider only those exhibits that are attached to the complaint or otherwise part of the pleadings. II. All official capacity claims against Ford should be dismissed with prejudice. Ray-Sampson brings claims against Ford in her “professional” capacity, Dkt. No. 3 at 1, which the undersigned construes as official capacity, accord Randle v. PNC Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 7 of 23 PageID <pageID>
- 8 - Fin. Servs. Grp., No. 4:23-cv-263-O-BP, 2024 WL 3862793, at *3 (N.D. Tex. Jan. 24, 2024). Ray-Sampson brings the same claims against Uplift. See Dkt. No. 3. Where a plaintiff brings claims against both a public official in their official capacity and the public entity for which they work, the claims “essentially merge.” Turner v. Houma Mun. Fire & Police Civil Serv. Bd., 229 F.3d 478, 485 (5th Cir. 2000). The Court may then dismiss the claims against the public official as duplicative. See Flores v. Cameron Cnty., 92 F.3d 258, 261 (5th Cir. 1996) (where the district court had dismissed claims against county commissioners in their official capacities “because those claims were duplicative of the claims against the County”); see also Thomas v. City of Galveston, 800 F. Supp. 2d 826, 832 (S.D. Tex. 2011) (“The Fifth Circuit has held that it is appropriate to dismiss claims against officers in their official capacities when the ‘allegations duplicate claims against the respective governmental entities themselves.’” (quoting Castro Romero v. Becken, 256 F.3d 349, 355 (5th Cir. 2001))). Because Ray-Sampson has sued Uplift, her official capacity claims against Ford are duplicative. And the Court should dismiss them with prejudice. Below, the undersigned considers the remaining claims against Uplift. III. The Title VII – but not First Amendment – retaliation claim against Uplift should be dismissed with prejudice. A. Timely Exhaustion of Administrative Remedies Title VII claims “may only be adjudicated in federal court if the plaintiff Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 8 of 23 PageID <pageID>
- 9 - exhausted [ ] administrative remedies in a timely manner.” Brown v. Jimmons, Civ. A. H-15-2108, 2016 WL 4570758, at *2 (S.D. Tex. Aug. 31, 2016) (citing 42 U.S.C. § 2000e-5(e)(1); Pacheco v. Mineta, 448 F.3d 783, 788-89 (5th Cir. 1994)). “[T]o exhaust administrative remedies” under Title VII, a plaintiff “must file a charge of discrimination with the EEOC within 180 days of the date of the alleged discrimination, or within 300 days of the alleged discrimination if he institutes his action with the appropriate state agency.” Owens v. Dallas Cty. Cmty. College Dist., No. 3:16-cv-3162-L, 2017 WL 3190727, at *2 (N.D. Tex. May 16, 2017) (citing Dao v. Auchan Hypermarket, 96 F.3d 787, 789 (5th Cir. 1996)), rec. accepted, 2017 WL 3172748 (N.D. Tex. July 26, 2017). “The EEOC filing requirement functions as a statute of limitations rather than a jurisdictional prerequisite. It is a pre-condition to filing suit in district court, but it is not related to the subject matter jurisdiction of the court.” Rhodes v. Guiberson Oil Tools Div., 927 F.2d 876, 878 (5th Cir. 1991) (internal quotations and citation omitted); see also Stith v. Perot Sys. Corp., 122 F. App’x 115, 118 (5th Cir. 2005) (“Filing a charge with the EEOC is a condition precedent to the filing of a title VII … suit.”); Webb v. Cardiothoracic Surgery Assoc. of N. Tex., 139 F.3d 532, 537 (5th Cir. 1998) (“Congress intended the limitations period contained in Section 2000e- 5(e)(1) to act as a statute of limitations.” (citing Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393-94 (1982)). So, under Title VII, “a discrimination claim not brought within 300 days of the alleged discriminatory act is time-barred” unless equitable tolling applies. Lord v. Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 9 of 23 PageID <pageID>
- 10 - Union Social Sector, No. A-14-cv-235-SS, 2014 WL 1333250, at *3 (W.D. Tex. Apr. 1, 2014) (citations omitted), rec. accepted, 2014 WL 1761688 (W.D. Tex. Apr. 30, 2014). But “[e]quitable tolling applies to plaintiff's deadline for filing an EEOC charge only in extraordinary circumstances, such as where the parties have a pending case in the wrong forum, where plaintiff is unaware of the facts as a result of defendant’s purposeful concealment, and where EEOC misleads plaintiff about the claim.” Deleon v. Gen. Insulation, Inc., 575 F. App’x 292, 293-94 (5th Cir. 2014) (per curiam) (citing Granger v. Aaron’s, Inc., 636 F.3d 708, 712 (5th Cir. 2011) (concluding that its precedent “leaves the door open to recognize other” bases for equitable tolling in this regard but recognizing that “[e]quitable tolling is to be applied ‘sparingly’” and that “[t]he plaintiff has the burden to provide justification for” its application (citations omitted))). Defendants argue that Ray-Sampson did not exhaust her administrative remedies because she did not include a Title VII claim in her EEOC complaint. Dkt. No. 16 at 11. The undersigned cannot determine if this contention is true because neither party has provided a copy of the EEOC charge. Cf. Nunez-Renck v. Int’l Bus. Machines Corp., No. 3:23-cv-1308-D, 2024 WL 1495787, at *2 (N.D. Tex. Apr. 5, 2024) (dismissing claim after considering the EEOC charge attached to the motion to dismiss and finding plaintiff had failed to exhaust administrative remedies); see also Luebano v. Off. Depot, L.L.C., No. 22-50767, 2023 WL 4249268, at *3 (5th Cir. June 29, 2023) (“Failure to exhaust is an affirmative defense that a defendant must raise.”). And, so, the undersigned cannot find that Ray-Sampson failed to exhaust her Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 10 of 23 PageID <pageID>
- 11 - administrative remedies as to her Title VII claim. And the Court should not dismiss the Title VII claim on this basis. B. No Plausible Title VII Retaliation Claim When a court applies Rule 12(b)(6)’s standards to a Title VII claim, the complaint “need not contain specific facts establishing a prima facie case of discrimination [or retaliation] under the framework set forth ... in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).” Norsworthy v. Hous. Indep. Sch. Dist., 70 F.4th 332, 336 (5th Cir. 2023) (cleaned up); accord Hamilton v. Dall. Cnty., 79 F.4th 494, 502 n.45 (5th Cir. 2023) (en banc). “But a plaintiff is still required to plead sufficient facts on all of the ultimate elements of [each] claim.” Norsworthy, 70 F.4th at 336 (cleaned up; emphasis in original). The “ultimate elements” of a retaliation claim are “1) [the plaintiff] engaged in protected activity, 2) she suffered an adverse employment action, and 3) a causal link exists between the protected activity and the adverse employment action.” Wright v. Union Pac. R.R. Co., 990 F.3d 428, 433 (5th Cir. 2021) (cleaned up). A protected activity under Title VII includes (1) opposition to any practice rendered unlawful by Title VII and (2) participation in an investigation, proceeding, or hearing under Title VII or making a charge, testifying, or assisting in such activity. See Davis v. Dall. Indep. Sch. Dist., 448 F. App’x 485, 492 (5th Cir. 2011). “Magic words are not required, but protected opposition must at least alert an employer to the reasonable belief that unlawful discrimination is at issue.” Brown v. United Parcel Serv., Inc., 406 F. App’x 837, 840 (5th Cir. 2010) (collecting cases). Put Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 11 of 23 PageID <pageID>
- 12 - another way, “a vague complaint, without any reference to an unlawful employment practice under Title VII, does not constitute protected activity.” Davis, 448 F. App’x at 493 (collecting cases); see also EEOC v. Omni Hotels Mgmt. Corp., 516 F. Supp. 2d 678, 705-06 (N.D. Tex. 2007) (“Vague concerns and even vague assertions of discrimination are not sufficient to constitute an opposition to an unlawful employment practice.” (collecting cases)). Walker v. Univ. of Tex. Med. Branch – Galveston, No. 3:17-cv-313, 2018 WL 3850827, at *4 (S.D. Tex. July 3, 2018) (noting that courts in this circuit “uniformly hold that an informal complaint must reference a discriminatory practice to constitute a protected activity” (citations omitted)), rec. accepted, 2018 WL 3844691 (S.D. Tex. Aug. 13, 2018). Ray-Sampson makes allegations about three of her students to support her retaliation claims. As to the first student, she alleges that she “voiced concerns” about their “problematic” behavior. Dkt. No. 3 at 5. She also alleges that she “documented [the student’s] behaviors for more than two months and sent the required letter to [Ford] with documentation in October 2021 to set a hearing for the removal of this student.” Id. Ray-Sampson alleges that the second student had “severe cognitive, academic and social deficiencies.” Id. at 6. And she alleges that the third student was “diagnosed with aggressive behavior and ADHD.” Id. She “filed a Special Education complaint for these three students with the Texas Education Agency to ensure that they received their correct educational Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 12 of 23 PageID <pageID>
- 13 - placement.” Id. But, insofar as Ray-Sampson claims that she complained about disability discrimination, disability is not a protected class under Title VII. See Williamson v. Am. Nat. Ins. Co., 695 F. Supp. 2d 341, 443 (S.D. Tex. 2010) (citing 42 U.S.C. § 2000e- 2(a)(1) (prohibiting discrimination on the basis of “race, color, religion, sex, or national origin”)). And she does not allege that she reported discrimination against any other trait, protected or not. And her allegations suggest her internal complaints were meant to remove a student from her classroom, not to alert Defendants to discrimination. And, so, because Ray-Sampson cannot allege a plausible Title VII retaliation claim based on reports of disability discrimination, these claims should be dismissed with prejudice. But the undersigned notes that Defendants have not moved to dismiss, or otherwise raised any arguments relevant to, Ray-Sampson’s First Amendment retaliation claim. And, so, the Court should not dismiss that claim. IV. The ADEA claim against Uplift should be dismissed without prejudice. A. Timely Exhaustion of Administrative Remedies The same exhaustion requirements for Title VII claims apply to ADEA claims. See Stith, 122 F. App’x at 117 (5th Cir. 2005). And, so, an EEOC charge must be filed within 300 days of the alleged ADEA violations. See id. Ray-Sampson alleges that she filed her EEOC charge for ADEA violations on June 3, 2022. See Dkt. No. 3 at 2. And, so, any events that occurred before August 7, Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 13 of 23 PageID <pageID>
- 14 - 2021 – 300 days before the EEOC charge was filed – cannot form the basis of her ADEA claim. But Ray-Sampson does not state on which date she was passed over for the team leadership role. She states only that the decision was made some time between 2021 and 2022. Dkt. No. 3 at 2. In support of their argument that the claim is barred, Defendants attached a school calendar to their motion to dismiss, from which they infer that team leadership decisions would necessarily have been made before August 2, 2021, when “[s]taff reported to work for professional development.” See Dkt. No. 16 at 10; Dkt. No. 18-1 at 86. But the calendar is not part of the pleadings because it is not attached to the complaint, nor is it referenced in the complaint and central to the claims. And, so, the undersigned cannot find that the ADEA claim is time-barred under this limitation. In addition to the 300-day limitation, “a plaintiff has 90 days to bring suit in federal court after receipt of a statutory notice of right to sue from the EEOC.” Boyd v. AT&T Mobility Servs LLC, No. 3:23-cv-2882-D, 2024 WL 3952586, at *2 (N.D. Tex. Aug. 27, 2024) (citing 42 U.S.C. § 2000e-5(f)(1); January v. Tex. Dep’t of Crim. Justice, 760 F. App’x 296, 299 (5th Cir. 2019) (per curiam) (“Under Title VII … and the ADEA, a plaintiff has ninety days to bring suit in federal court after receipt of a statutory notice of right to sue from the EEOC.”); citations omitted). “The 90-day period is treated ‘as a statute of limitations.’ See Espinoza v. Mo. Pac. R.R. Co., 754 F.2d 1247, 1248 n.1 (5th Cir. 1985) (‘[C]ommencing an action Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 14 of 23 PageID <pageID>
- 15 - within ninety days of receipt of a right-to-sue letter is not a jurisdictional prerequisite; rather, the ninety-day requirement is akin to a statute of limitations.’); Taylor v. Books A Million, Inc., 296 F.3d 376, 379 (5th Cir. 2002) (characterizing 90-day period under Title VII as a ‘limitation period’).” Id. “The 90-day limitations period is ‘strictly construed,’ and courts routinely dismiss claims that are filed after the limitations period expires, even if they are filed only one day late.” Id. (citations omitted). Ray-Sampson alleges that she “was issued a right to sue via email on August 27, 2024,” Dkt. No. 3 at 2, which is attached to her complaint, see id. at 65-66. She filed this lawsuit on November 26, 2024 – 91 days after the letter was issued. In her reply, Ray-Sampson attempts to clarify that she did not receive the letter until August 29, 2024 because the email went into her spam folder. See Dkt. No. 21 at 2. But this allegation is not in her complaint, so the undersigned cannot accept it as true. And, so, reading the complaint in the light most favorable to Ray- Sampson, the undersigned finds that she pleaded the date the letter was issued but not the date she received it. And, where the plaintiff has not pleaded a date of receipt, “[i]n the Fifth Circuit, there is a presumption that a party receives the right-to-sue notice three days after it is mailed” or issued – here, August 30, 2024. Dorest v. Piney Point Surgical Ctr., No. 4:10-cv-3908, 2011 WL 2633575, at *2 (S.D. Tex. July 5, 2011) (cleaned up). So the undersigned finds that Ray-Sampson’s ADEA claim is not time-barred under this provision, either. Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 15 of 23 PageID <pageID>
- 16 - B. No Plausible ADEA Claim Like Title VII claims, a plaintiff need not establish a prima facie case under the ADEA at the pleading stage. See Cicalese v. Univ. of Tex. Med. Branch, 924 F.3d 762, 766 (5th Cir. 2019); Raj v. La. State Univ., 714 F.3d 322, 331 (5th Cir. 2013). But a plaintiff must “plead sufficient facts on all of the ultimate elements of his claim to make his case plausible.” Chhim v. Univ. of Tex. at Austin, 836 F.3d 467, 470 (5th Cir. 2016) (citations omitted). A court may rely on the prima facie elements “to frame [its] inquiry” at the pleading stage. Norsworthy v. Hous. Indep. Sch. Dist., 70 F.4th at 336; see also Meadows v. City of Crowley, 731 F. App’x 317, 318 (5th Cir. 2018) (per curiam) (Raj “does not exempt a plaintiff from alleging facts sufficient to establish the elements of her claims.” (citations omitted)); Body by Cook, Inc. v. State Farm Mut. Auto. Ins., 869 F.3d 381, 387 n.1 (5th Cir. 2017) (“Although not a pleading standard, this court has looked to the ‘evidentiary framework’ set forth in McDonnell Douglas, 411 U.S. 792, to determine whether a plaintiff pleads discriminatory intent.” (cleaned up)). So, at this stage, the Court must ask whether Ray-Sampson has pleaded enough facts, accepted as true, to plausibly allege an ADEA claim. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). “The prima facie elements of a cause of action for violation of the ADEA are, the plaintiff: 1) is within the protected class; 2) is qualified for the position; 3) suffered an adverse employment decision; and 4) was replaced by someone younger or treated Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 16 of 23 PageID <pageID>
- 17 - less favorably than similarly situated younger employees.” Saunders v. Hous. Foam Plastics, No. SA-23-cv-00156-XR, 2023 WL 3313118, at *5 (W.D. Tex. May 5, 2023) (citing Leal v. McHugh, 731 F.3d 405, 410-11 (5th Cir. 2013)). Ray-Sampson alleges that, between 2021 and 2022, she “began to experience discriminatory treatment based on her age such as marginalization, a refusal to provide [discipline] support, [and] a refusal or denial to provide [her] with relevant training regarding the numerous changes to the guided reading program.” Dkt. No. 3 at 2. And she alleges that she was “subjected to unfavorable treatment compared to younger colleagues, including … [b]eing passed over, marginalized, and replaced by a younger, less experienced employee in the team leadership role.” Id. at 3. She also alleges that she was terminated. See id. at 5, 62-63. Defendants concede that Ray-Sampson “is a member of a protected class based on her age” and “met the minimum qualifications for the position that she held.” Dkt. No. 16 at 14. But they argue that she “does not assert any adverse employment action to support a discrimination claim other than the termination of her employment.” Id. And they argue that she fails to “allege that she was replaced by someone younger or outside the protected class, treated less favorably than a similarly situated younger employee, or was otherwise discharged because of her age.” Id. Even if the Court accepts that Ray-Sampson has alleged adverse employment actions, she fails to allege facts from which the Court may infer that she was treated less favorably than similarly situated employees outside her protected class. Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 17 of 23 PageID <pageID>
- 18 - The closest Ray-Sampson comes to demonstrating this required element is by alleging that a younger employee was received a position on the team leadership role instead of her. But she provides no facts about the younger employee. And the ADEA requires “an employee [to] proffer a comparator who was treated more favorably ‘under nearly identical circumstances,’ which is satisfied when ‘the employees being compared held the same job or responsibilities, shared the same supervisor or had their employment status determined by the same person, and have essentially comparable violation histories,’” Reyna v. Donley, 479 F. App’x 609, 611-12 (5th Cir. 2012) (per curiam) (quoting Lee v. Kan. City S. Ry. Co., 574 F.3d 253, 260 (5th Cir. 2009)); see also Barfield v. Fed. Express Corp., 351 F. Supp. 3d 1041, 1054-55 (S.D. Tex. 2019) (applying Lee to an ADEA claim); Marable v. Dep’t of Commerce, No. 3:18- cv-3291-N, 2021 WL 536510, at *10 (N.D. Tex. Jan. 28, 2021) (“Marable’s ability to establish a prima facie case of discrimination under Title VII and the ADEA turns on his identifying a proper comparator, to meet the fourth prong.”), rec. accepted, 2021 WL 535851 (N.D. Tex. Feb. 12, 2021), aff’d, 857 F. App’x 836 (5th Cir. 2021). And, so, Ray-Sampson fails to allege a plausible claim under the ADEA. But Ray-Sampson is proceeding pro se, her ADEA claim is not procedurally barred, and it is not clear that she has pled her best case. And, so, the Court should dismiss the claim without prejudice. V. The Section 1983 due process claim against Uplift should be dismissed with prejudice. Ray-Sampson alleges that she was denied due process when Defendants “failed Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 18 of 23 PageID <pageID>
- 19 - to conduct a fair and impartial process in investigating [her] complaints” and “fail[ed] to provide notice or a hearing prior to [her] termination.” Dkt. No. 3 at 12. Claims for violations of the Constitution brought under Section 1983 are governed by Texas’s two-year, personal-injury limitations statute. See Helton v. Clements, 832 F.2d 332, 334 (5th Cir. 1987); Shelby v. City of El Paso, Tex., 577 F. App’x 327, 331 (5th Cir. 2014) (per curiam). But courts “determine the accrual date of a § 1983 action by reference to federal law.” Walker v. Epps, 550 F.3d 407, 414 (5th Cir. 2008) (citing Wallace v. Kato, 549 U.S. 384, 388 (2007)). And “[f]ederal law holds generally that an action accrues when a plaintiff has a complete and present cause of action, or, expressed differently, when the plaintiff can file suit and obtain relief.” Id. (cleaned up; quoting Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522 U.S. 192, 201 (1997)). In sum, “the limitations period begins to run ‘the moment the plaintiff becomes aware that he has suffered an injury or has sufficient information to know that he has been injured.’” Id. (citation omitted). Ray-Sampson was terminated on March 11, 2022. See Dkt. No. 3 at 9, 62-63. And, although she does not specify the dates of the relevant “complaints,” it is clear from her pleading that her internal complaints were made before her termination. See Dkt. No. 3 at 7. And, so, over two years elapsed between the latest possible due process violation and the filing of this lawsuit on November 26, 2024. See Dkt. No. 1. Nonetheless, “a litigant is entitled to equitable tolling of a statute of Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 19 of 23 PageID <pageID>
- 20 - limitations” “if the litigant establishes two elements: ‘(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.’” Menominee Indian Tribe of Wis. v. United States, 577 U.S. 250, 255 (2016) (quoting Holland v. Florida, 560 U.S. 631, 649 (2010)) In her response, Ray-Sampson argues that she filed her lawsuit after receiving her right-to-sue letter on August 29, 2024, suggesting that filing her EEOC charge tolled the statute of limitations on her Section 1983 claim. See Dkt. No. 21 at 3. But “[f]iling a charge with the EEOC under Title VII does not toll the limitations period for a related claim under section 1981 or 1983.” Jones v. City of Bryan, No. 4:07-cv-3874, 2008 WL 2557469, at *4 (S.D. Tex. June 23, 2008) (citing Taylor v. Bunge Corp., 775 F.2d 617, 618-19 (5th Cir. 1985) (footnote omitted)). And, so, Ray-Sampson’s due process claims, brought under Section 1983, are time-barred. And the Court should dismiss these claims with prejudice. VI. The wrongful termination claim should be dismissed without prejudice. Defendants do not move to dismiss Ray-Sampson’s claim for “wrongful termination in violation of public policy.” See Dkt. No. 3 at 11-12 (caps omitted). But “[i]t is well-established that a district court may dismiss a complaint on its own motion under [Rule] 12(b)(6) for failure to state a claim upon which relief may [be] granted.” Starrett v. U.S. Dep’t of Defense, No. 3:18-cv-2851-M-BH, 2018 WL 6069969, at *1 (N.D. Tex. Oct. 30, 2018) (citing Carroll v. Fort James Corp., 470 F.3d 1171 (5th Cir. 2006) (citing, in turn, Shawnee Int’l, N.V. v. Hondo Drilling Co., 742 Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 20 of 23 PageID <pageID>
- 21 - F.2d 234, 236 (5th Cir. 1984))), rec. adopted, 2018 WL 6068991 (N.D. Tex. Nov. 20, 2018), aff’d, 763 F. App’x 383 (5th Cir.) (per curiam), cert. denied, 589 U.S. 928 (2019). A district court may exercise its “inherent authority ... to dismiss a complaint on its own motion ... ‘as long as the procedure employed is fair.’” Gaffney v. State Farm Fire & Cas. Co., 294 F. App’x 975, 977 (5th Cir. 2008) (per curiam) (quoting Carroll, 470 F.3d at 1177 (quoting, in turn, Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)); citation omitted). The United States Court of Appeals for Fifth Circuit has “suggested that fairness in this context requires both notice of the court’s intention to dismiss sua sponte and an opportunity to respond.” Id. (quoting Lozano v. Ocwen Fed. Bank, FSB, 489 F.3d 636, 643 (5th Cir. 2007) (quoting, in turn, Carroll, 470 F.3d at 1177); internal quotation marks and brackets omitted). These findings, conclusions, and recommendation provide notice, and the period for filing objections to them affords an opportunity to respond. Accord Starrett, 2018 WL 6069969, at *2 (citations omitted). Here, the undersigned notes that Ray-Sampson has not specified on which statute or common-law rule she bases her wrongful termination claim. She states only that her termination “violated the public policy interest in protecting employees from unlawful discrimination and retaliation.” Dkt. No. 3 at 12. Without more, the undersigned cannot find that Ray-Sampson has pleaded a claim for relief. As explained above, though a pro se complaint is construed liberally, this “does not require that the Court ... create causes of action where there are none.” Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 21 of 23 PageID <pageID>
- 22 - Smith, 2013 WL 2291886, at *8. And, so, the wrongful termination claim should be dismissed without prejudice so that Ray-Sampson may plead it with more specificity. Recommendation The Court should grant in part and deny in part Defendants Uplift Education and Shaquela Ford’s motion to dismiss [Dkt. No. 15]. The Court should dismiss all of Plaintiff Aletha Ray-Sampson’s claims against Defendant Ford with prejudice; dismiss the Title VII retaliation and Section 1983 due process claims against Defendant Uplift with prejudice; dismiss the ADEA and wrongful termination claims against Defendant Uplift without prejudice; and grant Plaintiff Ray-Sampson leave to amend her complaint by a reasonable deadline to be set by the Court. A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); F ED. R. CIV. P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge’s findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 22 of 23 PageID <pageID>
- 23 - adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996). DATED: February 3, 2026 _______________________________________ DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE Case 3:24-cv-02967-E-BN Document 34 Filed 02/03/26 Page 23 of 23 PageID <pageID>
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