Some tips for Plaintiff pro se when filing a new discrimination complaint at federal District Court

(This page is only applicable for federal employees or individuals not selected for hire at federal agencies.)

It is better to file a civil action at federal District Court than to request EEOC hearing. Most cases at EEOC nowadays are dismissed by summary judgment. This is a sad commentary on US civil rights movement, out of which EEOC was born in 1965.

EEOC hearing must be requested within 30 days of receipt of the Report of Investigation (ROI) issued by the federal agency’s EEO office. Hearing can be requested via online at federal sector EEOC.gov.

EEOC administrative judge’s decision cannot be appeal. Instead, Final Agency Decision (incorporating EEOC AJ’s decision) can be appeal to the Office of Federal Operations (OFO), the final branch of EEOC, within 30 days, or to federal District Courts within 90 days (see below).

A civil action complaint must be filed within 90 days of receipt of the ROI at the federal District Court in the district where the discriminatory actions occurred, as alleged.

The file date is the date when your complaint or pleading is received by the US District Court.

The federal District Courts follow the Federal Rules of Civil Procedure (FRCP) (a code of rules and regulations governing civil litigations nationwide) and the Local Rules (a more detailed code of rules and procedures further governing a particular federal Court within the district in which it has jurisdiction). FRCP can be searched by AI. Local rules are found on District Court’s local website. In general, local rules are similar nationwide, as they are all bound by FRCP.

1. A new Complaint must be filed with US District Court in the District where the alleged discrimination occurred, where the federal agency (where you worked/applied or the federal agency against which your are suing) is located.

2. Each US District Court may have the complaint form, a template, that you can use. Check its website. Go to Store for samples of Complaint for purchase and download.

3. A new complaint against a federal agency (on discrimination) must be file at the federal district court within 90 days of the receipt of Final Agency Decision (FAD) or of receipt of Report of Investigation (issued by Agency’s EEO HQ), which is issued with a notice of your rights.

   • For those who alleged discrimination in MSPB appeal, a request for judicial review of MSPB final decision (on the EEO components only in your MSPB appeal) must file within 30 days of receipt at US District Court. 5 U.S.C. § 7703(b)(2). Or, you can seek review by Office of Federal Operations (OFO) within 30 days of receipt of final MSPB decision. 5 U.S.C. § 7703(b)(1).

   • A request for judicial review of MSPB final decision (on non EEO claims in your MSPB appeal) must be filed with US Circuit Court of Appeals for the Federal Circuit within 60 days of MSPB Final Decision. 5 U.S.C. § 7703(b)(1)(A).

   • Advice: Do not request Appellate Court (for Federal Circuit) to review both EEO claims and non-EEO claims in your MSPB appeal. See Form 10: Statement Concerning Discrimination - Fed. Cir. Rule 15(c) (Choose No in Section A.) If you choose both (Yes in Section B), Federal Circuit Court will likely dismiss your appeal request (to review final MSPB decision) and defer the matter to US District Court to conduct judicial review of your EEO claims in your MSPB appeal.

   • Advice: Do not seek Federal Circuit Court’s review of your EEO claims in your MSPB appeal (when appealing the Final MSPB decision). Seek Federal Circuit Court’s review on your non EEO claims in your MSPB appeal.

   • Advice: Seek judicial review of your EEO claims in your MSPB appeal (after final MSPB Decision is issued) at US District Court within 30 days of issuance of final MSPB decision.

   • In other words, you can do both after you receive final MSPB decision: Seek Federal Circuit Court review on non EEO claims within 60 days of issuance, while seeking judicial US District Court review within 30 days of receipt.

4. A new civil action (EEO) Complaint can be filed at US District Court by any mail carriers such as FedEx, UPS, or US Priority or Certified Mail.

5. A new Complaint is filed at the Court (for court stamping and docketing) with the Court fee of $405 in check or money order payable to the US District Court for the District where it is located.

6. When a new Complaint is filed at the Court, it should accompany Civil Cover Sheet (JS 44- as found by AI search) and the Summons (three copies-a template is available on the local District Court website). Go to Store for samples of Summons for purchase and download.

7. A new Complaint cannot be filed electronically at U.S. District Court. It must be filed in person or by mail. See below for more on how to file a complaint at federal District Court.

8. Summons must be signed and sealed by the Clerk of US District Court. However, some Clerks will sit on the Summons for awhile before signing and sealing it. It should be signed and sealed on the day of your filing. I recommend filing by mailing, however, to avoid filling out unnecessary forms some court staff may require you to fill out and submit.

9. Do not write your complaint on the spot at the Court. Unclear complaint or mistaken phrase or terms in the complaint may cost your case dearly later on. Writing an accurate and good complaint will allow you to overcome Defendant’s dismissal motion that will most likely be filed later. See how to write a complaint or go to Store for samples of complaints for purchase and download.

10. The signed and sealed Summons (by Court Clerk) are either mailed to you or uploaded to the Court’s electronic Case File (eCF) system.

    • Check you mail for the signed and sealed Summons.

    • Check the Court’s eCF system to see if the signed and sealed Summons are uploaded in the Court’s eCF system.

    • You must e-register with PACER.gov (Public Access to Court Electronic Records) for a nominal annual fee in order to be able to view and download your or anyone else’s Court files nationwide available in eCF system.

    • Once you have a user name and password with PACER, the system will alert you via email when there is a new entry or upload in the Court’s eCF system in your case.

    • The online docket sheet will be updated as the case progresses in the system and will list all entries/uploads in your case. The docket sheet can be viewed and printed for later use when you file an appeal to US Circuit Court.

    • Accessing, viewing, and downloading your court files via PACER/eCF does not mean that you can file pleadings via PACER/eCF, as attorneys can.

    • In order to be able to e-file pleadings via PACER/eCF, the Court must grant you the permission. Go to Store to download for a fee a sample for requesting eCF filing privileges.

    • E-filing is convenient when you are rushing against deadlines. You are not bound by the close of business hours either.

    • While you and anyone else can look up and download your case file (for a small fee after the first download), only you (as pro se) or your attorney can e-file a pleading on your case. Although attorney’s designated paralegal person can e-file on your case, you cannot as pro se. This is not fair in my opinion.

11. Although Plaintiff pro se can file his or her complaint and (three copies of) Summons to the Court for court stamping for file date and docket number; he or she cannot serve the Complaint and the (signed and sealed) Summons to the Defendant and to his or her attorneys. Instead, anyone older than 17 can serve the Defendant and his or her attorneys. (Read on to know how to serve the Complaint and the Summons).

12. The signed and sealed Summons, as stated already, may be uploaded (by the court staff) to the Court’s electronic Case File (ECF) system (online), mailed to you, or given to you in person (if you are filing in person at the Court).

13. You can download the signed and sealed summons from the Court’s eCF, if they are uploaded to the eCF.

    • Again, to be able to view and download your court files online via ECF, you must, as stated above, open an account with Public Access of Court Electronic Records (PACER.gov) for a small annual fee. With PACER account, anyone can look up any federal court cases online.

    • To be able to file pleadings via ECF, however, federal District Courts require, as stated already, that you obtain a permission to do so.

14. The signed and sealed Summons must be served within 90 days of the Court receiving your new Complaint - the 90 days from the Complaint file date.

    • I have seen cases where Clerk either fail to sign and seal Summons or upload the signed and sealed Summons without notifying you that they are uploaded—so that you may expire the 90-day window period in which to serve the Summons to Defendant and Defendant’s attorneys.

    • Be ware of the Court Clerk/staff. Some are helpful, some are not. They have no obligation to advise you, as attorneys do.

15. The Summons should be served to and thus must have three different addresses: one addressed to the Defendant (usually the Secretary or head of the US Department in DC-see FRCP 4(i)(2)), the second one addressed to U.S. Attorney General (in DC-see FRCP 4(i)(1)(B)), and the third one addressed to the U.S. Attorney in the federal district where the District Court is located (in the State-see FRCP 4(i)(1)(A)). Go to Store for samples of Summons for purchase and download.

    • US Attorney or Assistant US Attorney in the federal district will formally represent the Defendant, the federal agency.

16. The signed and sealed Summons must be served by U.S. Certified Mail only together with Complaint. It cannot be served by any other carrier such as FedEx, UPS, or US Priority or regular mail. Return receipts for Certified Mail are not necessary.

17. Defendant, if it is a federal agency, must file an Answer (responding to the Complaint) within 60 days of service.