Saxton v. MAC

Filing 10

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion for reconsideration [ECF No. 9 ] is DENIED. Signed by District Judge Audrey G. Fleissig on 7/27/2015. (NEB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ERIC SAXTON, ) ) ) ) ) ) ) ) ) Plaintiff, v. MAC, Defendant, No. 4:15CV847 TCM MEMORANDUM AND ORDER Plaintiff moves for reconsideration of the dismissal of this action as untimely, because he failed to file this suit within ninety days from the receipt of the EEOC’s right-to-sue letter. He argues that the Court should have calculated the ninety-day period from the date he received his right-to-sue letter from the Missouri Commission on Human Rights. Plaintiff is incorrect. The MCHR letter gives rise to state court jurisdiction. It is not a basis for subject matter jurisdiction in federal court. Unfortunately, plaintiff filed this action in the wrong court. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration [ECF No. 9] is DENIED. Dated this 27th day of July, 2015. AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE

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