United States District Court, S.D. Georgia, Savannah Division
June 24, 2014
LEONARD JENKINS, III, Plaintiff,
TRAVEL CENTERS OF AMERICA, Defendant.
REPORT AND RECOMMENDATION
G.R. SMITH, Magistrate Judge.
Leonard Jenkins has filed an employment discrimination action against Travel Centers of America, claiming that it terminated his employment because of his disability. (Doc. 1.) He seeks leave to proceed in forma pauperis ("IFP"). (Doc. 2.) The Court GRANTS his motion to proceed IFP, but his case must be dismissed upon initial screening under 28 U.S.C. 1915(e)(2)(B)(ii), as his complaint fails to state a claim for relief.
Jenkins has attached a right-to-sue letter from the EEOC dated January 9, 2014. (Doe. 1 at 9.) He did not file the complaint until April 30, 2014) 111 days later. ( Id. ) He was required to file this case "within 90 days of receiving an EEOC notice of his right to sue. 42 U.S.C. § 2000e-5(f)(1); Green v. Union Foundry Co., 281 F.3d 1229, 1233-34 (11th Cir. 2002)." Patel v. Georgia Dep't of Behavioral Health, 517 F.Appx. 750, 752 (11th Cir. 2013). Since Jenkins filed suit nearly a month late, and since he has offered no grounds for equitable tolling of the limitations period,  his case should be DISMISSED as time-barred.
SO REPORTED AND RECOMMENDED.