[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1700
CARLOS A. CRUZ,
Plaintiff, Appellant,
v.
U.T.L. - UNITED TEACHERS OF LOWELL, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
Before
Selya, Circuit Judge,
Campbell, Senior Circuit Judge,
and Lynch, Circuit Judge.
Carlos A. Cruz on Motion for Relief from Judgment pro se.
December 9, 1997
Per Curiam. Pro se appellant Carlos Cruz appeals
from the district court's judgment dismissing his in forma
pauperis complaint under 28 U.S.C. 1915(e). We vacate the
judgment and remand to the district court for further
proceedings.
Cruz filed his complaint asserting employment
discrimination and other claims under the in forma pauperis
statute, 28 U.S.C. 1915. Upon preliminary review, the
district court construed the complaint to be based on Title
VII and issued a show cause order directing Cruz to submit
his right to sue letter "indicating that he has exhausted his
administrative remedies" under Title VII. The court made
clear that failure to submit the letter by the deadline set
by the court would result in dismissal of the action under
1915(e). Cruz timely submitted his right to sue letter, but
the district court dismissed the action anyway, giving no
explanation.
The right to sue letter indicates that Cruz
exhausted his Title VII administrative remedies for at least
some of his present employment discrimination claims.
Therefore, we vacate the judgment below and remand to the
district court for further proceedings consistent with this
opinion. We express no opinion about the actual merits of
any of the claims asserted in the complaint.
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Vacated and remanded for proceedings consistent
herewith.
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