Wallace v. Beaconshire Nursing Center

Full title: FREDERICK WALLACE, Plaintiff, v. BEACONSHIRE NURSING CENTER, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Feb 10, 2009

Case No. 08-13162 (E.D. Mich. Feb. 10, 2009)

Opinion

Case No. 08-13162.

February 10, 2009

ORDER DISMISSING CASE

ARTHUR TARNOW, District Judge

Before the court is plaintiff's response to this court's show-cause order. The response does not show that Mr. Wallace does have a right-to-sue letter from the EEOC.

Therefore, this court lacks subject-matter jurisdiction over his case. 42 U.S.C. § 2000e-5(f)(1) (the EEOC or Attorney General "shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge . . . by the person claiming to be aggrieved"); Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 104 n. 12 (1979) ("complainant . . . must obtain a "right-to-sue" letter before proceeding in federal court").

The complaint is DISMISSED. The clerk is directed to close this case.

SO ORDERED.