Graham v. Baugh et al

Filing 7

ORDER granting 1 Motion to proceed in forma pauperis. Graham's complaint fails to state a claim. The Court will dismiss her case without prejudice unless she files an amended complaint by 6/15/2018. 6 Motion for hearing is denied. 3 Motion to appoint counsel is denied without prejudice. Signed by Judge D. P. Marshall Jr. on 5/31/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
KATHLEEN GRAHAM

v.

PLAINTIFF

No. 3:18-cv-100-DPM

SABRINA BAUGH; GREGORY BAUGH;
MARK GALLION; and BERKSHIRE
HATHAWAY, INC.

DEFENDANTS

ORDER
1.

Graham's motion to proceed in forma pauperis, NQ 1, is

granted. Her disability benefits are her only income; she can't afford
to pay the filing fee.
2.

Graham's complaint fails to state a claim. It documents

Graham's frustration with her various landlords - and the negative
effect this has had on her health. NQ 2 at 6-15. There is a passing
mention that Graham told someone that her race has motivated how
she's been treated, NQ 2 at 12, and that her age and disability may be
involved. NQ 5 at 2. But the circumstances are just too murky for the
Court to conclude that Graham has any legal claim against the
defendants. The Court will dismiss her case without prejudice unless
she files an amended complaint by 15 June 2018. The Court's rules
require a short and plain statement of facts that show a plausible
violation of some particular law. 28 U.S.C. § 1915(e)(2)(B)(ii).

3.

Graham's request for a hearing, Ng 6, is denied. One is not

needed at this point.
4.

Graham's motion to appoint counsel, Ng 3, is denied without

prejudice. Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). There
is no right to an appointed lawyer in a civil case. She should keep trying
to find her own lawyer.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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