Lyles v. Columbia Public Schools District

Filing 8

ORDER AND MEMORANDUM IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue on the complaint as to Plaintiff Sidney Lyles, III. Signed by Magistrate Judge Terry I. Adelman on 5/6/11. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SIDNEY LYLES, III,
Plaintiff,
vs.
COLUMBIA PUBLIC SCHOOLS
DISTRICT, et al.,
Defendants.

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Case No. 4:11-CV-0263-TIA

ORDER AND MEMORANDUM
This matter is before the Court upon receipt of Plaintiff’s response to this Court’s Order
to show cause as why this action should not be dismissed as time-barred.
Plaintiff brings this action for employment discrimination against Columbia Public
Schools District, The Curators of the University of Missouri, and Boys and Girls Town of
Missouri. Plaintiff has submitted his cause of action on one of the Court’s standard “Complaint”
forms alleging essential facts of his claim, describing the conduct he believes is discriminatory, and
how Defendants are involved in the conduct. In addition, Plaintiff attached a copy of the Equal
Employment Opportunity Commission (“EEOC”) Notice of Right to Sue letter, dated November
2, 2010. (Docket No. 1-1, Plaintiff’s Exhibit 1).
Unless a Title VII plaintiff files suit within ninety days of receiving a right-to-sue letter
from the EEOC, he or she is foreclosed from bringing suit on the allegations made in the EEOC
Charge of Discrimination. 42 U.S.C. § 2000-e5(f)(1). The ninety-day time limit begins to run on
the date the plaintiff receives the EEOC notice of right-to-sue. This ninety day limitations period
is strictly construed. Because the EEOC envelope bears the postmark of November 3, 2010, the

Court presumes that he received the right-to-sue letter on November 6, 2010. Baldwin County
Welcome Ctr. v. Brown, 466 U.S. 147, 148 n.1(1984) (presumption exists that claimant received
right-to-sue notice 3 days after its mailing). Accordingly, the Court will presume at this point that
the filing of the instant complaint was timely. Accordingly,
IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue
on the complaint.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

Dated this

6th

day of May, 2011.