Arnold v. St Vincent Health
ORDER granting Arnold's 1 Motion to Proceed In Forma Pauperis. Arnold's motion for appointment of counsel, 3 , is denied without prejudice. Arnold is directed to file an amended complaint by 13 November 2015 clarifying the points raised within this Order and stating how St. Vincent violated the law. If she does not, her case will be dismissed without prejudice. If she files an amended complaint, the Court will screen it and consider service. Signed by Judge D. P. Marshall Jr. on 10/22/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NOLITA C U ARNOLD
ST. VINCENT HEALTH CHI SVI
1. Arnold's motion to proceed in forma pauperis, Ng 1, is granted.
Considering income, expenses, responsibilities, and debts, Arnold cannot
afford the filing fee.
2. Arnold's motion for appointment of counsel, Ng 3, is denied without
prejudice. The case isn't complex. Arnold did well in some college courses.
She seems to have a handle on the facts. She and the Court therefore aren't
likely to benefit substantially from appointed counsel at this point. Plummer
v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996).
3. The Court must screen Arnold's complaint, Ng 2, before ordering
service. 28 U.S.C. § 1915(e)(2). Even construed liberally, the complaint lacks
specific facts showing entitlement to relief. FED. R. Crv. P. 8(a). Arnold sees a
discriminatory motive behind her being used in a floating job position, being
denied leave, and being fired. But Arnold doesn't specifically tie these actions
to her race, color, or disabled status. She also lists other claims without
elaboration: endangerment; whistle-blower retaliation; and slander. These
conclusory claims are too vague to support relief.
4. If Arnold wants to proceed, then she must clarify her claims. On the
disability point: what was Arnold's disability; how did being used in a
floating position affect that disability; and was the disability part of being
denied leave and fired? On race and color: how were Arnold's race and color
part of what happened- was she treated differently than employees of
another race? On the other claims: how was Arnold endangered at work; how
was she a whistle-blower; and what false things did St. Vincent say about her,
and to whom?
5. Arnold must file an amended complaint by 13 November 2015
clarifying these points and stating how St. Vincent violated the law. If she
does not, her case will be dismissed without prejudice. If she files an amended
complaint, the Court will screen it and consider service.
D.P. Marshall Jr.
United States District Judge
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