Opinion
Civil Action No. 11-cv-02376-BNB
09-16-2011
FELISA WEATHERALL, Plaintiff, v. VEOLIA TRANSPORTATION, Defendant.
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT
Plaintiff Felisa Weatherall, acting pro se, initiated this action by filing a Title VII Complaint on September 9, 2011 asserting employment discrimination. Ms. Weatherall has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
The Court must construe Ms. Weatherall's 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 must not act as a pro se litigant's advocate. Hall, 935 F.2d at 1110. For the reasons stated below, Ms. Weatherall will be directed to file an amended complaint.
Ms. Weatherall alleges in her Complaint that she has been discriminated against based on her race and disability. She, however, does not state any claims for relief or state factual allegations that would support her claims. Pursuant to Rule 8 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. Weatherall will be directed to amend her Complaint and complete the "Request for Relief section of the complaint form. Accordingly, it is
ORDERED that Plaintiff Felisa Weatherall file within thirty days from the date of this Order an amended complaint that complies with this Order. It is
FURTHER ORDERED that Ms. Weatherall shall obtain the Court-approved Title VII Complaint form, along with the applicable instructions, at www.cod.uscourts.aov for use in filing the Amended Title VII Complaint. It is
FURTHER ORDERED that if Ms. Weatherall fails to file an amended complaint, as directed, the action will be dismissed without further notice. DATED at Denver, Colorado, this 16th day of September, 2011.
BY THE COURT:
Craig B. Shaffer
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02376-BNB
Felisa Weatherall
18063 E Ford PI
Aurora, CO 80017
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 16, 2011.
GREGORY C. LANGHAM, CLERK
By:___________
Deputy Clerk