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Powell v. International Paper

United States District Court, S.D. Georgia, Savannah Division

September 30, 2014

KAREN D. POWELL, Plaintiff,
v.
INTERNATIONAL PAPER, Defendant.

REPORT AND RECOMMENDATION

G. R. SMITH, Magistrate Judge.

Seeking to initiate an employment discrimination lawsuit against International Paper, doe. 1, pro se plaintiff Karen D. Powell moved for leave to proceed in forma pauperis. Doe. 3. The Court partially granted her motion and gave her, upon pain of dismissal, until September 23, 2014 to pay $100 of the filing fee. Does. 4. She has failed to comply, so her case should be DISMISSED on those grounds alone.

It also should be dismissed as untimely. An action brought pursuant to Title VII must be filed within 90 days of the receipt of the EEOC's right-to-sue letter. 42 U.S.C. ยง 2000e-5(f)(1); Jackson v. Hall County Government, Georgia, 2014 WL 2493100 at * 1 (11th Cir. June 4, 2014); see also Brown v. Consol. Freightway, 152 F.R.D. 656, 658-59 (N.D.Ga. 1993) (recommending dismissal of Title VII complaint when plaintiff filed suit 91 days after receipt of EEOC right-to-sue letter); Skipper v. BASF Corp., 2011 WL 1740535 at * 1 (S.D. Ga. Apr. 18, 2011) (118 days). Powell says she received her EEOC right-to-sue letter on May 14, 2014. Doc. 1 at 3. She later claims June 1, 2014. Id. at 6. The form complaint that she used directs her to attach a copy of that letter, id. at 3, yet she has failed to do so.[1] She filed her complaint here on September 3, 2014, which is 94 days after the June 1 date and 112 days from the May 14, 2014 date.

Accordingly, Karen D. Powell's complaint should be DISMISSED WITH PREJUDICE.[2] Her motion to appoint counsel (doe. 2) is DENIED as moot, since this case should be dismissed.

SO REPORTED AND RECOMMENDED.


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