IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
IN THE MATTER OF FILING OF CIVIL RIGHTS
CASES UNDER TITLE VII (42 USC 2000e)
GENERAL ORDER NO. 29
The recent Supreme Court decision in Baldwin County Welcome Center v. Brown
prohibits the tolling of the time for filing the Complaint in a Title VII (42:2000e) case upon the
filing of the right-to-sue letter. This Court has experienced some procedural problems in the
expeditious filing of these cases since the plaintiff usually waits until the deadline approaches to
bring in his right-to-sue letter, and normally has a Motion to Proceed In Forma Pauperis (IFP)
attached to the letter. Unless the Court gives an immediate ruling on the Motion to Proceed IFP,
the 90-day time limit will expire, thus denying plaintiff his day in court.
In order to more expeditiously process these Title VII (42:2000e) cases through the filing
stage, the Court hereby adopts the following procedures:
A. WHEN THE RIGHT-TO-SUE LETTER IS BROUGHT IN PERSONALLY BY
PLAINTIFF:
1. The Clerk will inquire if plaintiff desires to proceed IFP and desires to
have counsel appointed.
2. If answered affirmatively, the Clerk will provide plaintiff with the
necessary forms for requesting leave to proceed IFP and the support
affidavit. If plaintiff desires the Court to appoint counsel that form will
also be provided.
3. A form of Complaint under Title VII will be furnished to plaintiff who
will complete the form and return it to the Clerk immediately. The right-
to-sue letter is to be attached to the Complaint.
4. The Clerk is hereby given authority to approve the petition to proceed as a
pauper, and promptly file the Complaint. Upon review of the petition, if it
is determined by the Judge to whom the case is assigned that the plaintiff
is not a pauper and the Complaint was erroneously filed, he/she will notify
the plaintiff to pay the statutory filing fee or the Complaint will be
dismissed.
5. The assigned Judge will rule on the pending Motion for Appointment of
Counsel.
6. The Clerk’s office should make no effort to determine if the Complaint is
filed within 90 days from receipt of the right-to-sue letter.
7. This procedure eliminates the setting up of a miscellaneous file for this
proceeding.
B. WHEN THE RIGHT-TO-SUE LETTER ONLY IS RECEIVED BY MAIL:
1. The Clerk will file stamp the right-to-sure letter and set up a
miscellaneous case file.
2. The Clerk will promptly (meaning the same day) send to plaintiff the
forms to proceed IFP, request for Appointment of Counsel, and the form
for Complaint. The Clerk shall mail these documents with a transmittal
letter explaining the importance of filing the Complaint within the 90-day
time period, and that plaintiff will be in a danger of losing his right to
proceed under Title VII if the Complaint is not timely filed. A copy of the
letter will be placed in the miscellaneous file.
The Complaint, IFP form, and Motion for Appointment of Counsel should
all be cross-referenced with the miscellaneous case file number in order to
retrieve the right-to-sue letter when the completed forms are returned.
3. Upon receipt of the completed forms set out in paragraph 2 above, the
Clerk and assigned Judge will follow the procedures outlined in paragraph
A4 through A6 above.
IT IS SO ORDERED THIS 7th day of January, 1991.
FOR THE COURT:
/s/ Garnett Thomas Eisele
G. THOMAS EISELE, CHIEF JUDGE
UNITED STATES DISTRICT COURT
