Cruz v. U.T.L. ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 97-1700





                                   CARLOS A. CRUZ,



                                Plaintiff, Appellant,



                                          v.



                     U.T.L. - UNITED TEACHERS OF LOWELL, ET AL.,



                                Defendants, Appellees.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                   [Hon. Edward F. Harrington, U.S. District Judge]
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                                        Before



                                 Selya, Circuit Judge,
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                           Campbell, Senior Circuit Judge,
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                              and Lynch, Circuit Judge.
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                                 ____________________



            Carlos A. Cruz on Motion for Relief from Judgment pro se.
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                                   December 9, 1997

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                      Per Curiam.   Pro se appellant Carlos  Cruz appeals
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            from  the district court's  judgment dismissing his  in forma



            pauperis complaint under 28 U.S.C.    1915(e).  We vacate the



            judgment  and  remand  to  the  district  court  for  further



            proceedings.



                      Cruz  filed  his   complaint  asserting  employment



            discrimination and other  claims under the in  forma pauperis



            statute, 28  U.S.C.    1915.   Upon  preliminary review,  the



            district court construed the  complaint to be based  on Title



            VII and  issued a show  cause order directing Cruz  to submit



            his right to sue letter "indicating that he has exhausted his



            administrative remedies"  under Title  VII.   The court  made



            clear that failure  to submit the letter by  the deadline set



            by the court would result in dismissal of  the action under



            1915(e).  Cruz timely submitted  his right to sue letter, but



            the district  court dismissed  the action  anyway, giving  no



            explanation.



                      The  right  to  sue  letter  indicates  that   Cruz



            exhausted  his Title VII administrative remedies for at least



            some  of   his  present  employment   discrimination  claims.



            Therefore,  we vacate  the judgment below  and remand  to the



            district court  for further proceedings consistent  with this



            opinion.   We express no  opinion about the actual  merits of



            any of the claims asserted in the complaint.











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                      Vacated  and  remanded for  proceedings  consistent
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            herewith.
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