Clayton v. Children's Hospital et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed m forma pauperis [ECF No. 2 ] is GRANTED. 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. (Show Cause Response due by 8/24/2015.) Signed by District Judge Ronnie L. White on August 3, 2015. (BRP)

UNITED ST A TES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MICHAEL CLAYTON,
Plaintiff,
V.

CHILDREN' S HOSPITAL, et al.,
Defendants,

)
)
)
)
)
)
)
)
)

No. 4:15CV1177 RLW

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 and the Americans with Disabilities Act. The motion is 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.
The Court may dismiss an action under§ 1915(e) if "it is apparent the statute of limitations has
run.". Myers v. Vogal, 960 F.2d 750, 751 (8th Cir. 1992).
A plaintiff in a Title VII or ADA 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. E.g. , Braxton v. Bi-State Development Agency, 728 F.2d 1105, 1108
(8thCir.1984).
Plaintiff alleges that defendant unlawfully terminated him because of his race, because he
reported harassment, and because his wife and child are disabled. Plaintiff attached a right-tosue letter to the complaint, which was mailed to plaintiff on February 9, 2015. The ninety-day
period in this case elapsed on approximately May 10, 2015 . Plaintiff did not file the instant
action until July 30, 2015 . As a result, the complaint appears to be time-barred.

Plaintiff is directed to show cause, in writing, why this action should not be dismissed as
untimely. Failure to respond to this Order or failure to show adequate cause will result in the
dismissal of this case.
Accordingly
IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed m forma

pauperis [ECF No. 2] is GRANTED.
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.
Dated

this~ day of August, 2015 .

~kkth

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

2