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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

CAROLYN ANN MILLER,

Plaintiff,

vs. Case No. 4:20cv514-MW-MAF

EBS SECURITY, INC., 

PRINTELLA BUCKHEAD,

Defendants.

_________________________/

O R D E R

Plaintiff, proceeding pro se, initiated this case in late October 2020 by

submitting a complaint pursuant to Title VII, ECF No. 1, and a motion for

leave to proceed in forma pauperis, ECF No. 2. Plaintiff’s motion was

granted and after reviewing Plaintiff’s complaint, ECF No. 1, Plaintiff was

required to file an amended complaint in which she presented factual

allegations to support her claims, and to state those allegations in short

numbered paragraphs. ECF No. 4. Plaintiff did so, but her amended

complaint, ECF No. 8, did not include any factual allegations. Thus,

Plaintiff was required to file a second amended complaint. ECF No. 9. 

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Plaintiff’s second amended complaint, ECF No. 10, has been

received and reviewed. Prior to proceeding further, Plaintiff must provide a

copy of the Notice of Right to Sue letter which she received. The complaint

form requires that filing, see ECF No. 10 at 5, but Plaintiff did not comply.

Additionally, Plaintiff’s second amended complaint indicates she is

pursuing only a claim for violating the Age Discrimination in Employment

Act. Id. at 3. However, Plaintiff’s allegations and the boxes checked on the

form, id. at 4, suggest that she intended to also include claims under Title

VII as well. Plaintiff must clarify her intentions and, if she omitted listing a

Title VII claim, she must submit a third amended complaint.

Another reason to require Plaintiff to file a third amended complaint is

that Plaintiff still has not included a request for relief. She was previously

directed to do so, see ECF No. 9, but that section remains blank in the

second amended complaint. ECF No. 10 at 4-5. Federal Rule of Civil

Procedure 8(a) requires that a complaint include a “demand for the relief

sought, which may include relief in the alternative or different types of

relief.” FED. R. CIV. P. 8(a)(3). Plaintiff must comply with that Rule.

 Plaintiff will be provided another complaint form so that she can

include all intended claims and include a request for relief. Plaintiff must

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provide a copy of the Right to Sue Letter with her “third amended

complaint.” Plaintiff’s deadline for compliance is February 8, 2021. 

Plaintiff is reminded that the third amended complaint must contain all

relevant factual allegations. Any claims or facts not included in the third

amended complaint will be deemed abandoned. N.D. Fla. Loc. R. 15.1. 

The third amended complaint filed with the Court must contain Plaintiff’s

original signature, but Plaintiff shall also keep an identical copy for herself. 

Plaintiff need not file service copies until instructed to do so by the Court.

Accordingly, it is 

ORDERED:

1. The Clerk of Court shall forward to Plaintiff the Pro Se

Employment Discrimination Complaint form for pro se litigants which is

used in this Court so Plaintiff can file a third amended complaint.1

2. Plaintiff’s third amended complaint must include a copy of the

Right to Sue letter,2

 and must be filed no later than February 8, 2021.

1

 It appears that Plaintiff was inadvertently provided the complaint form from the

Administrative Office of the Courts. However, this Court has a complaint form which is

to be used by pro se litigants pursuing employment discrimination claims. That form

must be provided to Plaintiff with this Order. 

2

 Plaintiff must clarify the dates when she filed her charge with the EEOC and

when she received her Right to Sue letter. See ECF No. 10. Plaintiff indicates she filed

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3. Failure to comply with this Court Order may result in a

recommendation of dismissal of this action.

4. Plaintiff must immediately file a notice to the Clerk’s Office should

there be any change in Plaintiff’s mailing address. 

5. The Clerk of Court shall return this file upon Plaintiff’s compliance

with this Order, or no later than February 8, 2021.

DONE AND ORDERED on January 8, 2021.

S/ Martin A. Fitzpatrick 

MARTIN A. FITZPATRICK 

UNITED STATES MAGISTRATE JUDGE

her charge on October 19, 2019, and received her letter just five days later. Id. at 5.

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