Baker
Baker v. La Cumbre Management Co.
Opinion
Lead Opinion
MEMORANDUM **
Lester J. Baker appeals pro se the district court’s order dismissing with prejudice his employment discrimination action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-l to 2000e-17. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review de novo. Williamson v. General Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.2000). We reverse and remand.
The district court concluded that Baker’s complaint failed to state a claim for relief because he failed to file his complaint within 90 days of his receipt of the Notice of the Right to Sue, as required by 42 U.S.C. § 2000e-5(f)(l). However, prior to the expiration of the 90-day limitations period, Baker delivered his complaint and an application to proceed in forma pauper-is (“IFP”) to the district court clerk’s office. The district court lodged Baker’s complaint at the same time it accepted Baker’s IFP application. After the district court denied leave to proceed IFP, Baker paid the filing fee, and the district court filed the previously lodged complaint.
A complaint is considered filed when it is placed in possession of the clerk of the court. Cintron v. Union Pac. R.R. Co., 813 F.2d…