United States District Court, E.D. Missouri, Eastern Division
July 6, 2015
ERIC SAXTON, Plaintiff,
MEMORANDUM AND ORDER
AUDREY G. FLEISSIG, District Judge.
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.
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.