Mason v. Invision LLC et al

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave toproceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that, within thirty (30) days from the date of this Order, plaintiff shall submit to the Court a copy of the Missouri Commission on Human Right's notice of right to sue. IT IS FURTHER ORDERED that upon receipt of the said notice of right to sue, this action will be submitted to the Court for review of the entire complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). As such, the Clerk shall not issue process or cause process to issue upon the complaint at this time. IT IS FURTHER ORDERED that if plaintiff fails to submit a copy of his notice of right to sue within thirty (30) days from the date of this Order, his claims under the Missouri Human Rights Act will be dismissed, without prejudice. (Response to Court due by 5/14/2011). Signed by Honorable Jean C. Hamilton on 4/14/11. (TRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HAROLD B. MASON,

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Plaintiff,
v.
INVISION LLC, et al.,
Defendants.

No. 4:11-CV-575-FRB

MEMORANDUM AND ORDER
This matter is before the Court upon the application of
Harold B. Mason for leave to commence this action without payment
of the required filing fee.
consideration

of

the

See 28 U.S.C. § 1915(a).

financial

information

provided

with

Upon
the

application, the Court finds that plaintiff is financially unable
to pay any portion of the filing fee.

Therefore, plaintiff will be

granted leave to proceed in forma pauperis pursuant to 28 U.S.C. §
1915(a).
Upon review of the complaint, the Court notes that among
his causes of action, plaintiff is bringing a claim pursuant to the
Missouri Human Rights Act (“MHRA”), Mo. Rev. St. § 213.010, et seq.
Plaintiff, however, has failed to attach a copy of the Missouri
Commission on Human Rights notice of right to sue.

Thus, at this

time, the Court does not have sufficient information to review his
MHRA employment claim under 28 U.S.C. § 1915(e)(2)(B). Taking into
consideration the fact that plaintiff is proceeding pro se and in

forma pauperis, the Court will grant him time to file a copy of the
Missouri Commission on Human Rights notice of right to sue, as set
forth below.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff's motion for leave to
proceed in forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that, within thirty (30) days from
the date of this Order, plaintiff shall submit to the Court a copy
of the Missouri Commission on Human Right’s notice of right to sue.
IT IS FURTHER ORDERED that upon receipt of the said
notice of right to sue, this action will be submitted to the Court
for

review

of

the

entire

complaint

pursuant

to

28

U.S.C.

§

1915(e)(2)(B). As such, the Clerk shall not issue process or cause
process to issue upon the complaint at this time.
IT IS FURTHER ORDERED that if plaintiff fails to submit
a copy of his notice of right to sue within thirty (30) days from
the date of this Order, his claims under the Missouri Human Rights
Act will be dismissed, without prejudice.
Dated this 14th day of April, 2011.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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