Opinion
Civil Action No. 11-cv-02492-BNB.
October 6, 2011
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT
Plaintiff, Maria A. Adams, has filed pro se two separate Title VII complaints against the same Defendant: Adams v. Veolia Transport. , No. 11-cv-02491 (D. Colo. filed Sept. 30, 2011), alleging salary discrimination on the basis of sex in violation of the Equal Pay Act, and Adams v. Veolia Transport. , No. 11-cv-02492 (D. Colo, filed Sept. 30, 2011), alleging employment discrimination on the basis of sex in violation of Title VII. Jurisdiction for the instant action is based upon Title VII. Ms. Adams has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
The Court must construe Ms. Adams' filings liberally because she is not represented by an attorney. See Haines v. Kerner , 404 U.S. 519, 520-21 (1972); Hall v. Bellmon , 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not be an advocate for a pro se litigant. See Hall , 935 F.2d at 1110. For the reasons stated below, Ms. Adams will be ordered to file an amended Title VII complaint.
Ms. Adams alleges in her complaint that she has been discriminated against because of her sex and discharged from employment. However, she does not state any claims for relief, and instead refers the Court and Defendant to attached charges filed under the Equal Employment Opportunity Act. Pursuant to Rule 8(a) of the Federal Rules of Civil Procedure, a complaint "must contain (1) a short and plain statement of the grounds for the court's jurisdiction, . . . (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." Ms. Adams will be directed to file an amended complaint that complies with Rule 8(a).
Accordingly, it is
ORDERED that Plaintiff, Maria A. Adams, file, within thirty (30) days from the date of this order, an amended complaint that complies with the pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure. It is
FURTHER ORDERED that Ms. Adams shall obtain the Court-approved Title VII Complaint form, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Ms. Adams fails to file an amended Title VII Complaint as directed, the Title VII Complaint and the action will be dismissed without further notice.