JOHN A. ROSS, District Judge.
This matter is before the Court on Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. 6). Defendant filed this Motion on October 17, 2017. Plaintiff John L. Breedlove ("Breedlove") did not file a response. On November 6, 2017, this Court issued an Order giving Breedlove until November 16, 2017 to file a response or the Court would rule on Defendant's unopposed motion (Doc. No. 7). To date, Breedlove has not responded. Therefore, the Court rules on Defendant's unopposed Motion to Dismiss.
On August 3, 2017, Breedlove, proceeding pro se, filed a complaint in the Twenty-Second Judicial Circuit of the City of St. Louis against the United States Postal Service alleging employment discrimination. (Complaint ("Compl."), Doc. No. 2.) Specifically, Breedlove alleges he has worked for the Postal Service for over 33 years and never received a "competitive promotion." Breedlove also alleges that since he started working for the Postal Service in 1984, he has been "continually discriminated against and passed over for promotions because of racism and discrimination," and that his "case" was not properly investigated. Defendant removed the case to this Court on August 31, 2017 (Doc. No. 1) and now moves to dismiss Breedlove's complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.
The purpose of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is to test the legal sufficiency of the complaint. "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'"
To establish a prima facie case for race discrimination, a plaintiff must show that: (1) he is a member of a protected class; (2) he met his employer's legitimate expectations; (3) he suffered an adverse employment action; and (4) the circumstances give rise to an inference of discrimination.
Further, before bringing a discrimination claim in federal court, an employee must fully exhaust his administrative remedies. For a federal employee, this requires, as an initial matter, that he "initiate contact" with an Equal Employment Opportunity (EEO) counselor "within 45 days of the date of the matter alleged to be discriminatory" or of the effective date of the alleged discriminatory personnel action. 29 C.F.R. § 1614.105(a)(1);
In sum, after carefully reviewing Breedlove's pro se complaint, the Court finds his factual allegations are insufficient and conclusory; and the complaint does not provide the necessary factual specificity to survive a Rule 12(b)(6) motion to dismiss. The Court will, therefore, grant Defendant's motion to dismiss.
Accordingly,