Shippen v. The Buck Stop

Filing 3

OPINION AND ORDER denying 2 Request to Proceed in forma pauperis filed by Elisabeth Shippen. Filing fee due by 7/11/2005. Signed by Judge Philip P Simon on 6/09/05. (efc, )

Shippen v. The Buck Stop

Doc. 3

case 2:05-cv-00231-PPS-APR

document 3

filed 06/09/2005

page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION ELISABETH SHIPPEN, Plaintiff, v. THE BUCK STOP, Defendant. ) ) ) ) ) ) ) ) )

CAUSE NO. 2:05-CV-231 PS

OPINION AND ORDER Elisabeth Shippen, a pro se plaintiff, submitted an age discrimination complaint and a request for leave to proceed in forma pauperis. (See [Docs. 1 &2].) Under the Age Discrimination in Employment Act ("ADEA"), a plaintiff is required to bring suit within 90 days of receipt of a Notice of Right to Sue from the EEOC. See Houston v. Sidley & Austin, 185 F.3d 837, 838-39 (7th Cir. 1999). The 90 day period commences when a plaintiff receives "actual notice" of her right to sue. Id. at 839 (citations omitted). The 90 day requirement has been strictly applied by the Seventh Circuit. See Fleming v. Alcoa Bldg. Prods., 820 F. Supp. 1113, 1116 (N.D. Ind. 1992). Shippen's Right to Sue letter was issued on April 16, 2004, (see Compl. at 5), and she filed this complaint well over a year later on June 8, 2005. Since it appears that the complaint is time barred, Shippen's request for leave to proceed in forma pauperis [Doc. 2] is DENIED because the complaint is legally frivolous. Nevertheless, if Shippen wishes to proceed with this suit, she may pay the full $250.00 filing

Dockets.Justia.com

case 2:05-cv-00231-PPS-APR

document 3

filed 06/09/2005

page 2 of 2

fee to the clerk of this Court. Shippen is CAUTIONED that if she does not pay the filing fee on or before July 11, 2005, that this case will be dismissed without further notice. SO ORDERED. ENTERED: June 9, 2005

s/ Philip P. Simon PHILIP P. SIMON, JUDGE UNITED STATES DISTRICT COURT

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