Hopson v. Via Christi Health

Filing 8

MEMORANDUM AND ORDER adopting 5 Judge Gale's Report and Recommendation, and dismissing plaintiff's complaint. Signed by Chief Judge J. Thomas Marten on 3/10/15. Mailed to pro se party Rita Hopson by regular mail. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RITA HOPSON,
Plaintiff,
v.

Case No. 14-1412-JTM-KGG

VIA CHRISTI HEALTH,
Defendant.

MEMORANDUM AND ORDER
This matter is before the court on plaintiff Rita Hopson’s Motion to Proceed
Without Payment of Fees (Dkt. 3). Plaintiff submitted an affidavit of financial status in
support of her motion. The matter was considered by United States Magistrate Judge
Kenneth G. Gale, who recommended the motion be granted but that the complaint be
dismissed for failure to state a claim on which relief may be granted pursuant to 28
U.S.C. § 1915(e)(2). (Dkt. 5).
Plaintiff objects to the recommendation to dismiss by stating that she should be
allowed to correct her form complaint if she “left anything blank.” (Dkt. 7, at 1). Plaintiff
failed to identify appropriate grounds for federal subject matter jurisdiction by
declaring that both she and defendant are Kansas residents while failing to identify
non-diversity grounds for jurisdiction. (Dkt. 1, at 2-3). Such defect could be remedied by
checking a line on the form complaint. However, Judge Gale identified that, as to
plaintiff’s statement of claim:

The factual basis for Plaintiff’s claim fails to state a claim upon which
relief may be granted. There is no allegation that the termination of her
employment was motivated by a protected class such as race, sex, age,
nationality, or religious affiliation. In fact, Plaintiff does not even allege
that she belongs to a protected category.
(Dkt. 5, at 7). Plaintiff’s pleading defects warrant dismissal without prejudice pursuant
to 28 U.S.C. § 1915(e)(2). The court adopts Judge Gale’s Report and Recommendation of
Dismissal (Dkt. 5).
IT IS ACCORDINGLY ORDERED this 10th day of March, 2015, that plaintiff’s
complaint (Dkt. 1) is DISMISSED.

s\ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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