FILED
UNITED STATES DISTRICT COURT MAR 182009
FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHITTINGTON CLERIc
U.S. DISTRICT COUIn"
IRENE MOORE, )
)
Plaintiff, )
)
v. )
)
Civil Action No.
u9 0518
DEPARTMENT OF JUSTICE, )
)
Defendant. )
MEMORANDUM AND ORDER STAYING CASE
This matter comes before the Court upon review of the pro se complaint and application
to proceed in forma pauperis. The application will be granted, but the case must be stayed for
the following reasons.
Plaintiff claims that she was discriminated against when she was terminated from her
employment as a Secretary at the United States Department of Justice, Criminal Division, on the
basis of her race and age and in retaliation for pursuing a discrimination claim with the Equal
Employment Opportunity Commission ("EEOC"). The Court presumes that plaintiff brings this
action under Title VII of the Civil Rights Act of 1964,42 U.S.c. § 2000 et seq., and the Age
Discrimination in Employment Act, see 29 U.S.C. § 621 et seq.
The issuance of a right to sue letter from the EEOC is a condition precedent to the filing
of an action such as this in federal court. 42 U.S.C. §§ 2000e-5(f), 2000e-16(d). In the absence
of the issuance of a right to sue letter within 180 days of filing charges with the agency, the
plaintiff is obligated to request that such a letter be issued. See 29 C.F.R. § 1601.28.
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Accordingly, it is hereby
ORDERED that plaintiffs application to proceed in forma pauperis is GRANTED; and it
IS
FURTHER ORDERED that this matter is STAYED, and it is
FURTHER ORDERED that, within 30 days of the date of entry ofthis Order, plaintiff
must provide the Court with a right to sue letter indicating a final determination ofplaintiffs
charge by the agency. Failure to do so will result in the dismissal of this matter.
SO ORDERED.
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