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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC SAXTON,

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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