JACKSON v. ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
CHARLIE JACKSON,
Plaintiff,
v. 	Case No.: 1:24cv101-MW/MAF
ALACHUA COUNTY BOARD
OF COUNTY COMMISSIONERS,
Defendant.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 40, and has also reviewed de novo Plaintiff’s objections,
ECF No. 41. As noted in the report and recommendation, Plaintiff filed this action
over 90 days after he received notice of his right to sue. Plaintiff objects and asserts
that he spoke with an EEOC lawyer two days after his right to sue letter became
available in the online portal, and the lawyer told him to wait to take action until he
received his letter in the mail. ECF No. 41 at 2. But Plaintiff waited “well over seven
days”—until at least March 29, 2024, without receiving a hard copy in the mail.
Apparently having never received the hard copy in the mail, Plaintiff filed his action
on June 20, 2024. He continues to assert his action is timely and that the clock started
on March 21, 2024, when he downloaded his right to sue letter. But Plaintiff’s
contention does not change the fact that the letter became available for download the
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day before, which started the clock for his 90-day filing deadline. Moreover, Plaintiff
does not explain why his week-long wait for a hard-copy letter in the mail caused
him to file his action a day late, nor does this argument appear to change anything
with respect to the Magistrate Judge’s recommendation.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 40, is accepted and adopted, over
the Plaintiff’s objections, as this Court’s opinion. Defendant’s motion to dismiss,
ECF No. 37, is GRANTED. The Clerk shall enter judgment stating, “Plaintiff’s case
is DISMISSED as untimely.” The Clerk shall close the file.
SO ORDERED on March 13, 2026.
s/Mark E. Walker 	____
United States District Judge
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