Opinion
00 Civ. 7387 (LAK)
October 3, 2000
ORDER
The complaint in this case is a form that has been incompletely and erroneously filled out. Many portions of the complaint are blanks intended to have been filled in but left empty. In some portions of the document, the complaint uses masculine pronouns to refer to the plaintiff while in others it uses feminine pronouns. It does not comply with Rule 8. Further, it seeks only a declaration that the conduct of the defendant violated plaintiff's rights in circumstances in which there is no controversy warranting declaratory relief. But these are the least of the plaintiff's problems.
The only specific claim of any violation of law is of Title VII of the Civil Rights Act of 1964. But the complaint does not allege that plaintiff filed a timely charge of discrimination with the EEOC. Nor does it alleges that plaintiff has received a right to sue letter or that the requirement thereof has been waived or otherwise excused. Accordingly, the complaint fails to state a claim upon which relief may be granted. See Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393 (1982). It is dismissed. Plaintiff may file an amended complaint no later than October 13, 2000.
SO ORDERED.