Opinion
Civil Action No. 3:04-CV-0232-R.
January 13, 2005
MEMORANDUM OPINION AND ORDER
Now before this Court is Pro Se Plaintiff's Motion to Reconsider (filed October 19, 2004). Therein, Pro se Plaintiff Larry T. Brookins ("Plaintiff") moves for this Court to reconsider its Memorandum Opinion and Final Judgment (entered October 6, 2004), which granted Defendant's Motion for Summary Judgment and dismissed Plaintiff's Complaint for failure to exhaust prerequisite administrative remedies for filing a claim under Title VII of the Civil Rights Act of 1964. For the reasons stated herein, Pro Se Plaintiff's Motion to Reconsider is GRANTED.
In his Motion to Reconsider, Pro Se Plaintiff conclusively stated that he had exhausted his administrative remedies and received the right-to-sue letter; however, Pro Se Plaintiff did not supply any evidence along with his Motion to Reconsider. By Order (entered December 16, 2004), this Court directed Pro Se Plaintiff to file evidence of his exhaustion of administrative remedies. Pro Se Plaintiff complied with that Order and filed a Supplement to Plaintiff's Motion to Reconsider (filed January 4, 2005). Defendant is not opposed to Pro Se Plaintiff's motion.
Therein, Pro Se Plaintiff submitted the right-to-sue letter as well as documentation of his request for reconsideration of the agency's final decision.
Defendant submitted a Response to Plaintiff's Motion to Reconsider (filed January 11, 2005) stating that Defendant was satisfied Pro Se Plaintiff had exhausted his prerequisite administrative remedies and that Defendant was therefore unopposed to the Plaintiff's Motion to Reconsider.
Accordingly, Pro Se Plaintiff's Motion to Reconsider is hereby GRANTED. Pro Se Plaintiff having shown he exhausted the prerequisite administrative remedies for filing a claim under Title VII of the Civil Rights Act of 1964 without objection from Defendant, this case is hereby REOPENED.
It is so ORDERED.