IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION LOLITA K. JOHNSON PLAINTIFF

v. CASE NO. 4:24-CV-00082-BSM CITY OF MENIFEE DEFENDANT ORDER The City of Menifee’s motion to dismiss [Doc. No. 11] is granted because Lolita Johnson’s complaint is time-barred. Johnson was required file her Title VII lawsuit within ninety days of receiving her right to sue letter from the EEOC. Hales v. Casey’s Mktg. Co.,

(8th Cir. 2018). The letter was issued on October 19, 2023. Am. Original Compl. 45, Doc. No. 6. Because Johnson has not shown exactly when she received the letter, it is presumed to have arrived three days later on October 23, 2023. See Compl. 2, Doc. No. 2; Hales,

; Br. Supp. Mot. Dismiss 6, Doc. No. 12. Ninety days from that date is January 22, 2024. Jd. And Johnson did not file suit until January 31, 2024. See Compl. 1. For these reasons, her claims are time-barred and must be dismissed with prejudice. See Reese v. Correct Care Sols., LLC, No. 2:19-CV-00007 KGB,

, at *2—3 (E.D. Ark. Sept. 17, 2019). IT IS SO ORDERED this 22nd day of July, 2024.

UNITED STATES DISTRICT JUDGE