Sapp v. DeJoy

Filing 6

ORDER regarding Plaintiff's Motion and Affidavit to Proceed In Forma Pauperis (Doc. 3). For the reasons explained in the attached Memorandum & Order, the Motion is GRANTED. The Clerk of the Court is DIRECTED to prepare and i ssue a Form AO 440, Summons in a Civil Action, to Plaintiff and enclose blank USM-285 forms. If Plaintiff desires for the United States Marshal to serve process under Federal Rule of Civil Procedure 4(c)(3), then she shall provide to the United State s Marshal the summons issued, the completed USM-285 forms, and sufficient copies of the Complaint for service. If the aforementioned documents are received by the United States Marshal, then he is DIRECTED to serve the Summons, Complaint, and the attached Memorandum & Order upon Defendant in a manner consistent with Rule 4, as directed by Plaintiff. Costs of service shall be borne by the United States. Signed by Judge David W. Dugan on 1/18/2023. (jnh)

Case 3:22-cv-02665-DWD Document 6 Filed 01/18/23 Page 1 of 4 Page ID #50

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
Plaintiff,
)
)
vs.
)
)
LOUIS DEJOY, Postmaster General, )
USPS,
)
)
Respondent.
)
SHANNON D. SAPP,

Case No. 3:22-cv-2665-DWD

MEMORANDUM & ORDER
DUGAN, District Judge:
Before the Court is Plaintiff’s Motion and Affidavit to Proceed In Forma Pauperis
(Doc. 3). The Court, under 28 U.S.C. § 1915(a)(1), may permit an indigent party to proceed
without the pre-payment of fees. That statutory provision provides:
Subject to subsection (b), any court of the United States may authorize the
commencement, prosecution or defense of any suit, action or proceeding,
civil or criminal, or appeal therein, without prepayment of fees or security
therefor, by a person who submits an affidavit that includes a statement of
all assets such [person] possesses that the person is unable to pay such fees
or give security therefor. Such affidavit shall state the nature of the action,
defense or appeal and affiant's belief that the person is entitled to redress.
28 U.S.C. § 1915(a)(1).
Here, Plaintiff is employed at Greenville Nursing and Rehabilitation, where her
wages are $14.50 an hour. (Doc. 3, pg. 1). She earns approximately $1000 in take-home
pay every two weeks. (Doc. 3, pg. 1). Plaintiff has no other sources of income, but she
receives SNAP benefits. (Doc. 3, pg. 2). Further, Plaintiff has less than $500 in cash or in a
checking/savings account. (Doc. 3, pg. 3). Plaintiff owns two vehicles—a 2015 Buick

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Encore and a 2012 Camry Hybrid. (Doc. 3, pg. 3). Her monthly expenses total $1255.50,
which includes: $425 for rent; $200 for utilities; $60 for trash, sewage, and water; $200 for
credit card payments; $180 for orthodontist payments; $115 for a phone; and $75.50 for
cable and internet. (Doc. 3, pg. 3). Plaintiff “provide[s] everything” for her 14-year-old
son. (Doc. 3, pg. 3). Finally, Plaintiff has $1300 in credit card debt. (Doc. 3, pg. 3). Based
on these attestations in the Motion and Affidavit, the Court FINDS Plaintiff is indigent.
However, the above finding does not end the inquiry. The Court shall dismiss the
case, at any time, if it determines (A) the allegation of poverty is untrue, or (B) the action
(i) is frivolous or malicious, (ii) fails to state a claim on which relief may be granted, or
(iii) seeks monetary relief against an immune defendant. See id. § 1915(e)(2). In the context
of § 1915(e)(2)(B)(i), “ ‘an action is frivolous only if the petitioner can make no rational
argument in law or facts to support his claim for relief.’ [Citation].” Jones v. Morris, 777
F.2d 1277, 1279-80 (7th Cir. 1985) (quoting Corgain v. Miller, 708 F.2d 1241, 1247 (7th Cir.
1983)). Relevant to § 1915(e)(2)(B)(ii), the complaint must contain sufficient factual matter
that, when accepted as true, render the claims facially plausible, such that the Court may
draw reasonable inferences as to liability. See Arnett v. Webster, 658 F.3d 742, 751-52 (7th
Cir. 2011) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). The Court inquires into the
merits of the plaintiff’s claims. See Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982).
Here, Plaintiff’s Pro Se Civil Rights Complaint (Doc. 1), which names Postmaster
General Louis DeJoy as the only Defendant, alleges “I was sexually harassed[,] verbally
and physically[,] by one co-worker and verbally harassed throughout my employment
by another co-worker, causing a hostile work environment” with the United States Postal
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Service (“USPS”). (Doc. 1, pgs. 1-2, 11). Plaintiff elaborates by stating: (1) she was
“[a]ssaulted by co-worker, Joe Langham, when he touched my breast while
training…[and] made several sexually inappropriate comments”; (2) she has not been
permitted to work since May 18, 2021; and (3) she was “[r]etaliated against by being called
‘crazy’ and had to go for psychological testing after reporting [the] harassment.” (Doc. 1,
pgs. 5, 11-12). Plaintiff seeks $100,000 in compensatory damages, $300,000 in punitive
damages, and an order allowing her return to work. (Doc. 1, pgs. 6, 12). Previously,
Plaintiff filed a complaint under the regulations of the Equal Employment Opportunity
Commission, resulting in a finding by the USPS that “the evidence does not support a
finding that [Plaintiff] was subjected to discrimination…. Consequently, this complaint
is now closed with a finding of no discrimination.” (Doc. 1, pg. 40). In its final agency
decision, the USPS stated, “if the complainant chooses to file a civil action, that action
should be styled Shannon D. Sapp v. Louis DeJoy, Postmaster General.” (Doc. 1, pg. 15). 1
In consideration of Plaintiff’s Pro Se Civil Rights Complaint, the Court FURTHER
FINDS that the case is not necessarily frivolous or malicious as pled, does not fail to state

128 U.S.C. § 1339, pertaining to postal matters, states: “The district courts shall have original
jurisdiction of any civil action arising under any Act of Congress relating to the postal service.” Further, 39
U.S.C. § 409(a) and (b), relating to lawsuits by and against the Postal Service, provide:

(a) Except as otherwise provided in this title, the United States district courts shall
have original but not exclusive jurisdiction over all actions brought by or against the Postal
Service….
(b) Unless otherwise provided in this title, the provisions of title 28 relating to
service of process, venue, and limitations of time for bringing action in suits in which the
United States, its officers, or employees are parties, and the rules of procedure adopted
under title 28 for suits in which the United States, its officers, or employees are parties,
shall apply in like manner to suits in which the Postal Service, its officers, or employees
are parties.

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a claim for which relief may be granted, and does not seek monetary relief against a
defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2); Jones, 777 F.2d at
1279-80; Arnett, 658 F.3d at 751-52; see also Peoples Gas, Light and Coke Co. v. U.S. Postal
Service, 658 F.2d 1182, (7th Cir. 1981) (“It is our view that…[§§ 1339 and 409(a)] serve to
remove any barrier that might otherwise exist by reason of the doctrine of sovereign
immunity. They permit the Postal Service, an independent executive establishment
created by Congress, to sue and be sued.”); accord Roman v. U.S. Postal Service, 821 F.2d
382, 385 (7th Cir. 1987); Westwood Promotions, Inc. v. U.S. Postal Service, 718 F. Supp. 690,
693 (N.D. Ill. 1989); Miller v. U.S. Postal Service, 815 F. Supp. 1195, 1199 (S.D. Ind. 1993).
Accordingly, the Court GRANTS the Motion to Proceed In Forma Pauperis. The
Clerk of the Court is DIRECTED to prepare and issue a Form AO 440, Summons in a
Civil Action, to Plaintiff and enclose blank USM-285 forms. If Plaintiff desires for the
United States Marshal to serve process under Federal Rule of Civil Procedure 4(c)(3), she
shall provide to the United States Marshal the summons issued, the completed USM-285
forms, and sufficient copies of the Complaint for service. 2 If the aforementioned
documents are received from Plaintiff, then the United States Marshal is DIRECTED to
serve the Summons, Complaint, and this Order upon Defendant in a manner consistent
with Rule 4, as directed by Plaintiff. Costs of service shall be borne by the United States.
SO ORDERED.
s/ David W. Dugan
_____________________________
DAVID W. DUGAN
United States District Judge

Dated: January 18, 2023

2To

properly effectuate service, Plaintiff must consult the other provisions of Rule 4. See Fed. R. Civ. P. 4.

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