Luebrecht v. Pike County R-3 School District et al

Filing 5

MEMORANDUM AND ORDER re: 2 ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. FURTHER ORDERED that plaintiff shall submit a copy of the EEOC's right-to-sue letter within twenty (20) days of the da te of this Order. FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be dismissed without prejudice and without further notice to her. ( Response to Court due by 1/24/2013.). Signed by Magistrate Judge Nannette A. Baker on 1/4/13. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
KRISTA FLOWERS LUEBRECHT,
Plaintiff,
v.
PIKE COUNTY R-3 SCHOOL
DISTRICT, et al.,
Defendants.

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No. 2:12-CV-86-NAB

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Krista Flowers Luebrecht
for leave to commence this action without payment of the required filing fee. Upon
consideration of the financial information provided, the Court finds that plaintiff is
financially unable to pay any portion of the filing fee, and therefore, the motion will
be granted.
Plaintiff brings this action under Title I of the American with Disabilities Act
of 1990 ("ADA")1 and Title VII of the Civil Rights Act of 1964 for alleged
employment discrimination on the basis of gender and disability.

1

Although plaintiff does not specify under which Title of the ADA she is
bringing this action, the Court will liberally construe the complaint under Title I,
given that the allegations involve disability discrimination by an employer against an
employee.

At the outset, the Court notes that Title I of the ADA requires the timely
exhaustion of administrative remedies. See Randolph v. Rodgers, 253 F.3d 342, 347
n.8 (8th Cir. 2001); Bonilla v. Muebles J.J. Alvarez, Inc., 194 F.3d 275, 279 (1st Cir.
1999). Moreover, “to initiate a claim under Title VII a party must timely file a charge
of discrimination with the EEOC and receive a right-to-sue letter.” Stuart v. General
Motors Corp., 217 F.3d 621, 630 (8th Cir. 2000). Plaintiff has not filed a copy of her
EEOC right-to-sue letter, and there is no indication that she has exhausted her
administrative remedies. Taking into consideration the fact that plaintiff is proceeding
pro se and in forma pauperis, the Court will grant her twenty (20) days in which to
submit a copy of the right-to-sue letter.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall submit a copy of the EEOC's
right-to-sue letter within twenty (20) days of the date of this Order.

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IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
this action will be dismissed without prejudice and without further notice to her.
Dated this 4th Day of January, 2013.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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