Council v. National Asset Recovery Svcs

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall show cause, in writing and no later than thirty (30) days from the date of this Order, why this case should not be dismissed as time-barred. ( Show Cause Response due by 7/2/2014.) Signed by District Judge Stephen N. Limbaugh, Jr on 6/2/2014. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MICHAEL T. COUNCIL,
Plaintiff,
v.
NATIONAL ASSET RECOVERY SVCS.,
Defendant,

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No. 1:14CV59 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave to proceed in forma
pauperis. The motion is granted. Additionally, the Court will order plaintiff to show cause why
this action should not be summarily dismissed as time-barred.
Because plaintiff is proceeding in forma pauperis, the Court is required to conduct an
initial review of the case and to dismiss it if it is frivolous, malicious, or fails to state a claim
upon which relief can be granted. 28 U.S.C. ' 1915(e). A case can be dismissed under 28
U.S.C. ' 1915(e) if the statute of limitations has run. E.g., Myers v. Vogal, 960 F.2d 750, 751
(8th Cir. 1992).
Plaintiff brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.
' 2000e, et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq.,for
alleged race and age discrimination. Plaintiff attached two right to sue letters to the complaint:
one from the Equal Employment Opportunity Commission ("EEOC") dated January 23, 2012,
and one from the Missouri Commission on Human Rights ("MCHR") dated February 14, 2014.
Plaintiff filed this lawsuit on May 5, 2014.

A plaintiff in a Title VII action has ninety (90) days from receipt of the EEOC right to
sue letter to file a civil action. 42 U.S.C. ' 2000e-5(f). Failure to file a timely civil action
warrants dismissal of the complaint. E.g., Braxton v. Bi-State Development Agency, 728 F.2d
1105, 1108 (8th Cir. 1984).
The ninety-day period from the date of the receipt of the EEOC right to sue letter elapsed
on approximately April 23, 2014. Plaintiff did not file this suit until twelve days after the ninetyday period ended. Even allowing for a five-day mailing period, the complaint appears to be
time-barred.
Because plaintiff is pro se, the Court will give plaintiff the opportunity to show cause
why the case should not be dismissed as time-barred. Failure to respond to this Order or failure
to show adequate cause will result in the dismissal of this case.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall show cause, in writing and no later
than thirty (30) days from the date of this Order, why this case should not be dismissed as
time-barred.
Dated this 2nd day of June, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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