Meriwether v. Beverly Hills Grocery and Liquor et al

Filing 5

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Mary Ellen Meriwether. Motion is GRANTED. IT IS FURTHER ORDERED that plaintiff shall show cause within thirty (30) days of the date of this Order as to why the Court should not dismiss her Title VII claims as time-barred. ( Show Cause Response due by 5/29/2013.) Signed by District Judge Catherine D. Perry on April 29, 2013. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MARY ELLEN MERIWETHER,
Plaintiff,
v.
BEVERLY HILLS GROCERY
AND LIQUOR, et al.,
Defendants.

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No. 4:13-CV-424-CDP

MEMORANDUM AND ORDER TO SHOW CAUSE
This matter is before the Court upon the application of Mary Ellen
Meriwether for leave to commence this action without payment of the required
filing fee. See 28 U.S.C. § 1915(a). Upon consideration of the financial
information provided with 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).
Furthermore, based upon a review of the complaint, the Court will order plaintiff
to show cause within thirty days as to why this action should not be dismissed as
time-barred.

28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint
filed in forma pauperis at any time if the action is frivolous, malicious, fails to
state a claim upon which relief can be granted, or seeks monetary relief against a
defendant who is immune from such relief. An action is frivolous if "it lacks an
arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325
(1989). An action fails to state a claim upon which relief can be granted if it does
not plead “enough facts to state a claim to relief that is plausible on its face.” Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give
the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S.
519, 520 (1972). The Court must also weigh all factual allegations in favor of the
plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504
U.S. 25, 32 (1992).
The Complaint
Plaintiff seeks monetary relief in this employment discrimination action
brought pursuant to 42 U.S.C. § 2000e-5 (Title VII). The named defendants are
the Beverly Hills Grocery and Liquor, Mike Sabbar, and Tim Sabbar. Plaintiff

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alleges that defendants discriminated against her on the basis of her race and
gender.
Discussion
Plaintiff filed the instant action on March 8, 2013. Her EEOC Right to Sue
letter is dated June 12, 2012. As such, it appears that this action was filed beyond
the ninety-day limitation period for filing a Title VII claim in federal court. See 42
U.S.C. § 2000e-5(f)(1). Before dismissing this action as untimely; however, the
Court will afford plaintiff the opportunity to show cause as to why this action
should not be dismissed as time-barred.
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 plaintiff shall show cause within thirty
(30) days of the date of this Order as to why the Court should not dismiss her Title
VII claims as time-barred.
Dated this 29th day of April, 2013.

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UNITED STATES DISTRICT JUDGE

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