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Coleman v. Correct Care Solutions

United States District Court, Eighth Circuit

October 11, 2013

RUTH C. COLEMAN, Plaintiff,
v.
CORRECT CARE SOLUTIONS, Defendant.

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

This matter is before the court on Plaintiff's Amended Complaint. (Filing No. 7.) On August 8, 2013, the court conducted an initial review of Plaintiff's Complaint. In this initial review, the court determined that Plaintiff had not filed a copy of her right-to-sue notice from the Equal Employment Opportunity Commission ("EEOC"). (Filing No. 6.) On the court's own motion, the court gave Plaintiff 30 days in which to file a copy of her right-to-sue notice or amend her Complaint to allege that she filed suit within 90 days of her receipt of a right-to-sue notice from the EEOC. ( Id. at CM/ECF pp. 3-4.) To date, Plaintiff has not filed a copy of her right-to-sue notice, and her Amended Complaint does not allege that she filed suit within 90 days of her receipt of a right-to-sue notice from the EEOC. ( See 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 her failure to file suit within 90 days of her receipt of a right-to-sue notice. In order for this matter to proceed, Plaintiff must show either that she filed suit within 90 days of receipt of a right-to-sue notice, or that equitable or exceptional circumstances exist that warrant tolling of the 90-day period.

2. The court directs the Clerk of the court to set the following pro se case management deadline in this matter: October 29, 2013: Deadline for Plaintiff to show cause.

3. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. ยง 1915(e)(2) after Plaintiff addresses the matters set forth in this Memorandum and Order.


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