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Wilford v. Brown

June 12, 2007

REGINA WILFORD PLAINTIFF
v.
SHERIE BROWN, MICHELLE JOHNSON, DERRICK CHAMBERS, AND CROTHALL HEALTH DEFENDANTS



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Separate Defendants' Brown, Johnson, and Chambers Motion to Dismiss (Doc. No. 14). Plaintiff, who is proceeding pro se, has not responded.*fn1

In order to bring a Title VII claim, an individual must: (1) timely file a charge of discrimination with the EEOC setting forth the facts and nature of the charge and (2) receive notice of the right to sue.*fn2 Once an individual receives notice of the right to sue, she has 90 days in which to file suit.*fn3

Plaintiff received a Dismissal and Notice of Rights from the Equal Employment Opportunity Commission on October 25, 2006.*fn4 Plaintiff filed a Pro Se Complaint on March 22, 2007,*fn5 well over ninety days later. Plaintiff has presented no evidence that would warrant equitable tolling; accordingly, Defendants' Motion to Dismiss is GRANTED. Furthermore, although Defendant Crothall Health has not been served and did not participate in the Motion to Dismiss, it too benefits from the ninety day limitation period. Because Plaintiff did not bring this suit in timely fashion, her claims are DISMISSED against all Defendants.

IT IS SO ORDERED this 12th day of ...


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