Saxton v. MAC

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Audrey G. Fleissig on July 6, 2015. (BRP)

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, who is proceeding in forma pauperis, brings this action under Title VII of the
Civil Rights Act of 1964. He does not have a timely right-to-sue letter from the EEOC. He
seeks leave to proceed with this case, however, because he has a timely right-to-sue letter from
the Missouri Commission on Human Rights.
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 EEOC’s 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. E.g., Braxton v. Bi-State Development Agency, 728 F.2d 1105, 1108
(8th Cir. 1984).
Plaintiff alleges that defendant discriminated against him on the basis of his race.
Plaintiff attached an EEOC right-to-sue letter to the complaint. 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. Plaintiff did not file the instant action until May 27, 2015. As a
result, the complaint is time-barred.

Plaintiff’s right-to-sue letter from the MCHR does not give this Court jurisdiction to hear
this case. Title 42 U.S.C. § 2000e-5(f) requires a timely right-to-sue letter from the EEOC.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 6th day of July, 2015.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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