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Carter v. Amazon Acy1

United States District Court, D. New Jersey

December 4, 2019

JAMES CARTER, Plaintiff,
v.
AMAZON ACY1 and CHARLOTTE SMYTHE, Defendants.

          JAMES CARTER Appearing pro se.

          MEMORANDUM OPINION & ORDER

          NOEL L. HILLMAN, U.S.D.J.

         WHEREAS, on November 8, 2019, Plaintiff, James Carter, appearing pro se, filed a complaint against his employer, Amazon ACY1, and his supervisor, Charlotte Smythe, claiming that he has been subjected to discrimination and retaliation because of his race and disability; and

         WHEREAS, Plaintiff alleged a violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”);[1] and

         WHEREAS, because Plaintiff has filed an application to proceed without prepayment of fees (“in forma pauperis” or “IFP” application) pursuant to 28 U.S.C. § 1915(a)(1), the Court screened his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); and

         WHEREAS, the Court noted that a plaintiff bringing an employment discrimination claim under Title VII must comply with the procedural requirements set forth in 42 U.S.C. § 2000e-5, which require that before filing a lawsuit, a plaintiff must (1) exhaust his administrative remedies by filing a timely discrimination charge with the EEOC, and (2) receive from the EEOC a right-to-sue letter, see 42 U.S.C. § 2000e-5(b), (e)(1), (f)(1); and

         WHEREAS, Plaintiff's complaint indicated that he filed a charge with the EEOC in September 2019, but the EEOC had not issued a right-to-sue letter (Docket No. 1 at 5); and

         WHEREAS, the Court granted Plaintiff's IFP application, but also ordered that Plaintiff's complaint would be dismissed if, within twenty days, Plaintiff failed to file an amended complaint that asserted a claim or claims that are not dismissible for his failure to exhaust his administrative remedies (Docket No. 2 at 5);[2] and

         WHEREAS, in response to the Court's Order, on December 3, 2019, Plaintiff filed a right-to-sue letter issued by the EEOC on November 27, 2019 (Docket No. 3); and

         WHEREAS, even though Plaintiff has not filed an amended complaint that states the EEOC has provided a right-to-sue letter, the Court will construe Plaintiff's filing as an amended complaint that satisfies the right-to-sue requirement and incorporates all other allegations in his original complaint;

         THEREFORE, IT IS on this 4th day of December, 2019

         ORDERED that the Clerk of the Court shall file as a separate docket entry Plaintiff's original complaint (Docket No. 1-1) and Plaintiff's “NOTICE of Right to Sue” (Docket No. 3) and title the docket entry “AMENDED COMPLAINT”; and it is further

         ORDERED that the Clerk issue a summons, and the U.S. Marshal serve a copy of the amended complaint, summons, and this order upon Defendants as directed by Plaintiff, with ...


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