Matthews v. City of Mobile Police Department

Filing 10

Order re: 9 Amended Complaint filed by Cassandra Matthews. By 8/20/2012, Plf shall submit a completed summons to be issued by the clerk and served on the defendant along with a copy of the amended complaint, and a copy of the EEOC's right-to-sue letter. Signed by Magistrate Judge Katherine P. Nelson on 7/31/2012. copy mailed to plf regular and certified mail as directed. (certified mail rec. # 70112000000139804066) (sdb)

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IN THE UNTIED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CASSANDRA MATTHEWS, Plaintiff, v. CITY OF MOBILE POLICE DEPARTMENT, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0353-KD-N ORDER Pursuant to the court’s order (doc. 7), plaintiff filed an Amended Complaint (doc. 9) on July 17, 2012. However, her amended complaint did not include a completed summons to the defendant as provided in Rule 4 of the Federal Rules of Civil Procedure. Further, though her amend complaint contains a Title VII claim, she has not attached a copy of the “Right-To-Sue” letter from the EEOC; filing a claim with the EEOC and filing suit within the appropriate time following receipt of a right-to-sue letter from that agency are requirements of suit under Title VII. See e.g. Wilkerson v. Grinnell Corp., 270 F.3d 1314, 1317 (11th Cir. 2001). Accordingly, it is hereby ORDERED that plaintiff shall, no later than August 20, 2012, submit to the clerk of this court a completed summons to be issued by the clerk and served on the defendant along with a copy of the amended complaint, and shall file a copy of the EEOC’s right-to-sue letter concerning the claims raised herein. Failure to do so may result in a recommendation that this action be dismissed for failure to comply with the orders of this court. The Clerk is DIRECTED to send a copy of this order to the plaintiff by both regular and certified mail. DONE this the 31st day of July, 2012. /s/ Katherine P. Nelson UNITED STATES MAGISTRATE JUDGE

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