Jones v. Michigan, State of et al

Filing 9

ORDER Dismissing Claims and Requiring plaintiff to provide a dated Right to Sue letter or her Title VII claim will be dismissed. Response due: 12/20/2011. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DENISE LAVENDER JONES,
Plaintiff,
Case No. 11-CV-11191
v.
HON. GEORGE CARAM STEEH
STATE OF MICHIGAN and MICHIGAN
DEPARTMENT OF CORRECTIONS,
Defendants.
_____________________________________/
ORDER DISMISSING CLAIMS
Plaintiff Denise Lavender Jones, appearing pro se, filed this suit against the State
of Michigan and Michigan Department of Corrections alleging retaliation for protected
activities. While her complaint is vague, she references Title VII of the Civil Rights Act of
1964 and an investigation by the EEOC. On September 6, 2011, defendants filed a motion
to dismiss arguing: 1) plaintiff’s Title VII claim should be dismissed as she failed to allege
and demonstrate that she exhausted her administrative remedies; and 2) any other claims
asserted by plaintiff should be dismissed for failure to plead in avoidance of the State’s
Eleventh Amendment immunity. After plaintiff failed to file a response by the deadline, the
court issued an order to show cause as to why defendants’ motion should not be granted.
Plaintiff filed a response requesting an additional thirty days to respond to the order to show
cause, to allow her time to have an attorney review the matter. She attached a right to sue
letter. However, the right to sue letter is undated and thus does not show that plaintiff filed
her case within 90 days of the notice of right to sue. On October 24, 2011, the court issued
an order extending the deadline for plaintiff to respond to the order to show cause to

November 28, 2011. The deadline has passed and plaintiff failed to respond to the order
to show cause as to why defendants’ motion should not be granted. Therefore,
IT IS HEREBY ORDERED that: (1) plaintiff is allowed until December 20, 2011 to
provide a dated right to sue letter or her Title VII claim will be DISMISSED; and (2) any
other claims asserted by plaintiff are DISMISSED for failure to plead in avoidance of the
State’s Eleventh Amendment immunity.

Dated: December 6, 2011
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and
Denise Lavender Jones, 231 West Troy #2045, Ferndale, MI
48220 on December 6, 2011, by electronic and/or ordinary
mail.
s/Marcia Beauchemin
Deputy Clerk