Saxton v. MAC
Filing
5
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis is GRANTED. [Doc. 2] IT IS FURTHER ORDERED that Plaintiff shall show cause, in writing and no later than twenty-one (21) days from the date of this Order, why this case should not be dismissed as time-barred. Signed by Magistrate Judge Thomas C. Mummert, III on May 29, 2015. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC SAXTON,
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Plaintiff,
vs.
MAC,
Defendant,
Case No. 4:15cv0847 TCM
MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action under Title VII
of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e through 2000e-17. His
motion will be granted.
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
A plaintiff in a Title VII action has ninety days from receipt of the right-to-sue letter to file
a civil action. 42 U.S.C. § 2000e-5(f). Failure to file a timely civil action warrants dismissal
of the complaint. See e.g. Maegdlin v. Int'l Ass'n of Machinists and Aerospace Workers,
309 F.3d 1051, 1054 (8th Cir. 2002).
Plaintiff attaches an EEOC right-to-sue letter to his complaint alleging that Defendant
discriminated against him on the basis of his race. The right-to-sue letter was mailed to
Plaintiff on February 10, 2015. The ninety-day period in this case elapsed on approximately
May 11, 2015; however, Plaintiff did not file the instant action until May 28, 2015. His
complaint appears to be time-barred.
Consequently, Plaintiff is directed to show cause, in writing, why his action should
not be dismissed as untimely. Failure to respond to this Order or a failure to show adequate
cause will result in the dismissal of this case.
Finally, the Court notes that the Missouri Commission of Human Rights (MCHR)
mailed its right-to-sue letter on March 4, 2015. Under Missouri law, a plaintiff has ninety
days from the receipt of the state right-to-sue letter to file a complaint. See Mo.Rev.Stat.
§ 213.111(1). However, regardless of whether this action was timely pursued after receipt
of the MCHR right-to-sue letter, the action must be dismissed if Plaintiff's federal cause of
action is untimely.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma
pauperis is GRANTED. [Doc. 2]
IT IS FURTHER ORDERED that Plaintiff shall show cause, in writing and no later
than twenty-one (21) days from the date of this Order, why this case should not be
dismissed as time-barred.
/s/ Thomas C. Mummert, III
THOMAS C. MUMMERT, III
UNITED STATES MAGISTRATE JUDGE
Dated this 29th day of May, 2015.
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