Council v. National Asset Recovery Svcs

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Stephen N. Limbaugh, Jr on 7/14/2014. (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
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 filed his complaint after the limitations period
expired. The Court will therefore dismiss this action under 28 U.S.C. § 1915(e).
Plaintiff received two right-to-sue letters: 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 is time-barred.

The case is dismissed. See Myers v. Vogal, 960 F.2d 750, 751 (8th Cir. 1992) (statute of
limitations proper ground for dismissal under 28 U.S.C. § 1915(e)).
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 14th day of July, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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