Nicole Campbell v. Remington’s Prime Ocala, LLC

Campbell · United States District Court for the Middle District of Florida, Ocala Division · November 21, 2025 · No. 5:25-cv-739-KCD-PRL

Summary

The United States District Court for the Middle District of Florida took Plaintiff Nicole Campbell’s motion to proceed in forma pauperis under advisement. The court gave Campbell until December 22, 2025, to file an amended complaint attaching an EEOC right-to-sue letter and an amended in forma pauperis application using the required form, warning that failure to comply could result in dismissal for failure to prosecute.

Holdings

  1. The motion was deficient because Plaintiff did not use the proper form and omitted information necessary for the court to determine whether she was indigent.
  2. A Title VII plaintiff must exhaust administrative remedies, including filing a timely EEOC charge and receiving an EEOC right-to-sue letter before bringing suit; Plaintiff's complaint did not establish that exhaustion occurred.
  3. The court would allow Plaintiff to file an amended complaint and amended in forma pauperis motion rather than immediately dismissing the action.

Questions Presented

  1. Whether Plaintiff's motion to proceed in forma pauperis was sufficiently complete to permit the court to determine indigency.
  2. Whether the complaint adequately established exhaustion of Title VII administrative remedies, including receipt of an EEOC right-to-sue letter, before filing suit.
  3. Whether Plaintiff should be allowed to amend the complaint and in forma pauperis motion rather than face immediate dismissal.

Disposition

other

Cases Cited (12)

  • Nietzke v. Williams, 490 U.S. 319, 324 (1989)(followed)
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 556, 570 (2007)(followed)
  • Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
  • Oxford Asset Management, Ltd. v. Jaharis, 297 F.3d 1182, 1188 (11th Cir. 2002)(followed)
  • Wilkerson v. Grinnell Corp., 270 F.3d 1314, 1317 (11th Cir. 2001)(followed)
  • Watson v. Blue Circle, Inc., 324 F.3d 1252, 1258 (11th Cir. 2003)(followed)
  • Vason v. City of Montgomery, Ala., 240 F.3d 907 (11th Cir. 2001)(followed)
  • Gregory v. Georgia Department of Human Resources, 355 F.3d 1277, 1279 (11th Cir. 2004) (per curiam)(followed)
  • Stallworth v. Wells Fargo Armored Services Corp., 936 F.2d 522, 524 (11th Cir. 1991)(followed)
  • Bright v. Contractors Access Equipment Co., No. 8:24-cv-2107-WFJ-LSG, 2024 WL 5203041, at *2 (M.D. Fla. Dec. 6, 2024), report and recommendation adopted, 2024 WL 5202779 (M.D. Fla. Dec. 23, 2024)(followed)

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