Opinion
Civil No. 05-4066.
March 9, 2006
ORDER
Plaintiff's complaint was filed in this case on September 15, 2005. Before the undersigned is the issue of whether the complaint should be served. In order to assist the court in making such determination, it is necessary that plaintiff provide additional information with respect to his claims.
Accordingly, it is ordered that plaintiff, Samuel Snowden, complete and sign the attached addendum to his complaint, and return the same to the court by March 31, 2006. Plaintiff is advised that should he fail to return the completed and executed addendum by March 31, 2006, his complaint may be dismissed without prejudice for failure to prosecute and/or for failure to obey an order of the court.
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION
SAMUEL SNOWDEN PLAINTIFFv. Civil No. 05-4066
POULAN/WEEDEATER DEFENDANT
ADDENDUM TO COMPLAINT
TO: SAMUEL SNOWDEN
This form is sent to you so that you may assist the court in making a determination as to the issue of whether your complaint should be served upon the defendants. Accordingly, it is required that you fill out this form and return this entire form (including this first page) back to the court by March 31, 2006. Failure to do so will result in the dismissal of your complaint.
The response must be legibly handwritten or typewritten, and all questions must be answered completely in the proper space provided on this form. If you need additional space, you may attach additional sheets of paper to this addendum.
RESPONSE
In your complaint, you state that you were discriminated against based on your disability and race when you were terminated on June 18, 1987 and were denied worker's compensation and health insurance benefits. Your EEOC charge was dismissed because it was filed "too long after the date(s) of the alleged discrimination to file your charge."
1. When did the alleged discriminations occur? Give dates. ____________________________________________________________ ____________________________________________________________
2. You state in your complaint that you have attached you EEOC charge to the complaint, but that charge is not attached. Please attach a copy of your EEOC charge or explain why you have not attached a copy.
______________________________________________________________ ________________________________________________________________ ________________________________________________________________
3. Why did you wait so long after the alleged discrimination to file your EEOC charge? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
4. How did the defendant discriminate against you because of your race? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
5. How did the defendant discriminate against you because of your disability? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
6. What is your disability? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
7. You state that you were terminated on June 18, 1987. Is this correct? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
8. You state that you were denied the right to file a worker's compensation claim and a medical sick leave claim on your health insurance policy on June 8, 1987. Is this correct? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
9. Since June of 1987, has the defendant discriminated against you in any way?
Answer: Yes ____ No ____
If you answered yes, then state (1) how the defendant has discriminated against you, and (2) give the date(s) of the discrimination. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
I CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS COVERED BY THE VERIFICATION MADE BY ME ON MY INITIAL COMPLAINT.
__________________________ SAMUEL SNOWDEN __________________________ DATE