Hilliard v. Alabama Department of Transportation

Filing 4

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 8/17/15. (SAC )

FILED
2015 Aug-17 PM 04:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DIANE HILLIARD,

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Plaintiff,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION,
Defendant.

CIVIL ACTION NO.
2:15-cv-1158-WMA

MEMORANDUM OPINION
On July 14, 2015 this court granted the application of Diane
Hilliard

to

file

a

complaint

against

Alabama

Department

of

Transportation but expressly required her within 30 days from that
date, upon penalty of dismissal for want of prosecution, to file
“an amended complaint, complying with the Federal Rules of Civil
Procedure (and, in particular, referring to the federal statute or
statutes being invoked).”

No such amendment has been filed.

Despite Ms. Hilliard’s assertion that she filed a charge with
the EEOC and

that

a copy

of

her

charge

is

attached

to

her

complaint, there is no such item attached, making it impossible for
the court to know the statutory basis, if any, for plaintiff’s
complaint and the basis for jurisdiction in this court.

The court

realizes that plaintiff is not learned in the law, but this court
cannot call upon Alabama Department of Transportation to answer an
incomprehensible complaint that is facially lacking in merit.
separate order of dismissal will be entered.

A

DONE this 17th day of August, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE