Perry v. Certified Transmission Rebuilders Inc.
Filing
8
MEMORANDUM AND ORDER - Plaintiff will be given 20 days to show cause why this case should not be dismissed for his failure to file suit within 90 days of his receipt of a right-to-sue notice. To be clear, if Plaintiff did file suit within 90 days of his receipt of the right-to-sue notice, he need only file a copy of the notice in order to comply with this memorandum and order. However, if Plaintiff did not file suit within 90 days of his receipt of the right-to-sue notice, Plaintiff must also sh ow that equitable or exceptional circumstances exist that warrant tolling of the 90-day period. This matter will be dismissed without further notice if Plaintiff fails to comply with this memorandum and order. The court directs the clerk of the court to set the following pro se case management deadline in this matter: January 30, 2018: Deadline for Plaintiff to show cause. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. § 1915(e)(2) after Plaintiff addresses the matters set forth in this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN ARTIS PERRY,
Plaintiff,
8:17CV322
vs.
CERTIFIED TRANSMISSION
REBUILDERS INC.,
MEMORANDUM
AND ORDER
Defendant.
This matter is before the court on its own motion. On November 22, 2017,
the court ordered Plaintiff to amend his complaint to clearly specify the relief he
sought and to file a copy of his right-to-sue notice within 30 days of the court’s
order. (Filing No. 6 at CM/ECF pp.4–5.) On December 8, 2017, Plaintiff filed an
Amended Complaint which named additional Defendants and, liberally construed,
alleged payment of wages earned but not paid. (Filing No. 7 at CM/ECF pp.2–4.)
Plaintiff has not, however, filed a copy of any right-to-sue notice received in
response to his charge of discrimination dated July 14, 2016, nor has Plaintiff
alleged that he filed suit within 90 days of his receipt of a right-to-sue notice from
the Nebraska Equal Opportunity Commission (“NEOC”) and/or Equal
Employment Opportunity Commission (“EEOC”). (See Filing No. 1 at CM/ECF
pp.6–7; Filing No. 7.) Accordingly,
IT IS THEREFORE ORDERED that:
1.
Plaintiff will be given 20 days to show cause why this case should not
be dismissed for his failure to file suit within 90 days of his receipt of a right-tosue notice. To be clear, if Plaintiff did file suit within 90 days of his receipt of the
right-to-sue notice, he need only file a copy of the notice in order to comply with
this memorandum and order. However, if Plaintiff did not file suit within 90 days
of his receipt of the right-to-sue notice, Plaintiff must also show that equitable or
exceptional circumstances exist that warrant tolling of the 90-day period.
2.
This matter will be dismissed without further notice if Plaintiff fails to
comply with this memorandum and order.
3.
The court directs the clerk of the court to set the following pro se case
management deadline in this matter: January 30, 2018: Deadline for Plaintiff to
show cause.
4.
The court reserves the right to conduct further review of Plaintiff’s
claims pursuant to 28 U.S.C. § 1915(e)(2) after Plaintiff addresses the matters set
forth in this Memorandum and Order.
Dated this 10th day of January, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
2
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