Jackson v. Alabama Department of Corrections et al
ORDER directing as follows: 1) The 26 Objection is OVERRULED; 2) The 25 Recommendation is ADOPTED; and 3) Dfts' 15 Motion to Dismiss is GRANTED. Signed by Honorable William Keith Watkins on 8/31/2010. (wcl, )
Jackson v. Alabama Department of Corrections et al (MAG+)
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D IO N D R A JACKSON, P l a in tif f , v. ALABAMA DEPARTMENT OF CORRECTIONS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )
C A S E NO. 2:09-CV-604-WKW [WO]
ORDER O n August 9, 2010, the Magistrate Judge filed an Amended Report and R e c o m m e n d a tio n ("Recommendation") in this case. (Doc. # 25.) On August 23, 2010,
P la in tif f Diondra Jackson filed an objection to the dismissal of her Title VII claim as time b a rre d . (Doc. # 26.) Ms. Jackson does not challenge the Magistrate Judge's conclusion that s h e failed to file her complaint within ninety days of receiving a right-to-sue letter from the E q u a l Employment Opportunity Commission ("EEOC"). She contends, however, that her d e la y in commencing this action was the combined consequence of the cessation of attorney re p re se n ta tio n and her lack of knowledge of filing procedures and deadlines. Ms. Jackson a rg u e s that these hindrances justified her delay and that, therefore, she should be excused f r o m the ninety-day filing period. (Doc. # 26.) The Magistrate Judge considered her ju s tif ic a tio n s , but concluded that the circumstances did not warrant equitable tolling of the n in e ty-d a y limitations period. (Doc. # 25, at 9-10.) This court agrees.
U p o n an independent and de novo review of those portions of the Recommendation to which objection is made, 28 U.S.C. § 636(b)(1), the objection lacks merit. For the reasons s ta te d in the Recommendation, Ms. Jackson has not shown "extraordinary circumstances" fo r the untimely filing. Jackson v. Astrue, 506 F.3d 1349, 1353 (11th Cir. 2007).
A c c o r d in g ly, it is ORDERED as follows: 1. 2. 3. T h e objection (Doc. # 26) is OVERRULED; T h e Recommendation (Doc. # 25) is ADOPTED; and D e f e n d a n ts ' Motion to Dismiss (Doc. # 15) is GRANTED.
An appropriate judgment will be entered. D O N E this 31st day of August, 2010. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?