Martinez v. Marriott International

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 8/08/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02128-BNB
(The above civil action number must appear on all future papers
sent to the Court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)
GABE MARTÍNEZ,
Plaintiff,
v.
MARRIOTT INTERNATIONAL,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Gabe Martínez, has submitted pro se an Application to Proceed in
District Court Without Prepaying Fees or Costs (ECF No. 3) and a Title VII Complaint
(ECF No. 1) asserting discrimination on the basis of religion. As part of the Court’s
review pursuant to D.C.COLO.LCivR 8.1, the Court has determined that the submitted
documents are deficient as described in this order. Plaintiff will be directed to cure the
following if she wishes to pursue her claims. Any papers that Plaintiff files in response
to this order must include the civil action number on this order.
Application to Proceed in District Court Without Prepaying Fees or Costs:
(1)
is not submitted
(2)
is not on proper form (must use the Court’s current form)
is missing original signature by plaintiff/petitioner/applicant
(3)
(4)
is missing affidavit
(5)
affidavit is incomplete
(6)
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
(7)
application

(8)

other:

Complaint or Petition:
is not submitted
(9)
(10)
is not on proper form (must use the Court’s current form)
(11)
is missing an original signature by the plaintiff/petitioner/applicant
is incomplete
(12)
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other: Fails to request relief in the space provided for on page 6. Fails to
(16)
X
attach copy of notice-of-right-to-sue letter received from Equal
Employment Opportunity Commission (EEOC), if available, as directed on
page 2).
Mr. Martínez is warned that, even if the Court dismisses the instant action without
prejudice for failure to comply with this order, the dismissal may act as a dismissal with
prejudice if he seeks to refile in this Court because the ninety-day limitations period for
filing a Title VII action may have run on his claims. See 42 U.S.C. § 2000e-5(f)(1) (A
claimant has ninety days to file an action in the district court after receiving a notice of
right to sue from the EEOC).
Accordingly, it is
ORDERED that Plaintiff, Gabe Martínez, cure the deficiencies designated above
within thirty (30) days from the date of this order. Any papers that Plaintiff files in
response to this order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiff shall obtain the Court-approved Title VII
Complaint form, along with the applicable instructions, at www.cod.uscourts.gov, and
use that form in curing the designated deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the Title VII Complaint and the
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action may be dismissed without further notice. The dismissal shall be without
prejudice.
DATED August 8, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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