Martin v. Trinity Marine Products, Inc.

Filing 6

MEMORANDUM AND ORDER re: 4 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Willie T. Martin motion is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issueprocess or cause process to issue upon the complaint at this time.IT IS FURTHER ORDERED that, within thirty (30) days fromthe date of this Order, plaintiff shall submit to the Court a copyof the Notice of Right to Sue Letter(s) he has received relative tothis action. IT IS FURTHER ORDERED that upon receipt of the said Rightto Sue letter(s), this action will be submitted to the Court forreview pursuant to 28 U.S.C. § 1915(e)(2)(B).IT IS FURTHER ORDERED that if plaintiff fails to submit a copy of his Right to Sue letter(s) within thirty (30) days from the date of this Order, the action will be dismissed, withoutprejudice.( Response to Court due by 11/7/2011.). Signed by Magistrate Judge Lewis M. Blanton on 10/6/11. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIE T. MARTIN

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Plaintiff,
v.
TRINITY MARINE PRODUCTS, INC.,
Defendant.

No. 1:11-CV-181-LMB

MEMORANDUM AND ORDER
This matter is before the Court upon the application of
Willie T. Martin for leave to commence this action without payment
of the required filing fee.
consideration

of

the

See 28 U.S.C. § 1915(a).

financial

information

provided

with

Upon
the

application, the Court finds that plaintiff is financially unable
to pay any portion of the filing fee.

Therefore, plaintiff will be

granted leave to proceed in forma pauperis pursuant to 28 U.S.C. §
1915(a).
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may
dismiss a complaint filed in forma pauperis at any time if the
action is frivolous, malicious, fails to state a claim upon which
relief can be granted, or seeks monetary relief against a defendant
who is immune from such relief.

An action is frivolous if "it

lacks an arguable basis either in law or in fact."
Williams, 490 U.S. 319, 325 (1989).

Neitzke v.

An action fails to state a

claim upon which relief can be granted if it does not plead “enough
facts to state a claim to relief that is plausible on its face.”
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
In reviewing a pro se complaint under § 1915(e)(2)(B),
the

Court

must

construction.

give

the

complaint

the

benefit

of

a

liberal

Haines v. Kerner, 404 U.S. 519, 520 (1972).

The

Court must also weigh all factual allegations in favor of the
plaintiff, unless the facts alleged are clearly baseless.

Denton

v. Hernandez, 504 U.S. 25, 32 (1992).
The complaint
Plaintiff

brings

this

action

for

employment

discrimination pursuant to Title VII of the Civil Rights Act of
1964, as amended.

Plaintiff has submitted his action on one of

this Court's standard "Employment Discrimination Complaint" forms;
however, he has failed to attach a copy of the Notice of Right to
Sue Letter(s), which he claims he has received.

As such, the Court

does not have sufficient information to review his employment claim
under 28 U.S.C. § 1915(e)(2)(B).

Taking into consideration the

fact that plaintiff is proceeding pro se and in forma pauperis, the
Court will grant him time to file a copy of any Right to Sue
letter(s) he has received relative to this case, as set forth
below.
In accordance with the foregoing,

2

IT IS HEREBY ORDERED that plaintiff's motion for leave to
proceed in forma pauperis [Doc. #4] is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall not issue
process or cause process to issue upon the complaint at this time.
IT IS FURTHER ORDERED that, within thirty (30) days from
the date of this Order, plaintiff shall submit to the Court a copy
of the Notice of Right to Sue Letter(s) he has received relative to
this action.
IT IS FURTHER ORDERED that upon receipt of the said Right
to Sue letter(s), this action will be submitted to the Court for
review pursuant to 28 U.S.C. § 1915(e)(2)(B).
IT IS FURTHER ORDERED that if plaintiff fails to submit
a copy of his Right to Sue letter(s) within thirty (30) days from
the date of this Order, the action will be dismissed, without
prejudice.
Dated this 6th day of October, 2011.

______________________________
UNITED STATES MAGISTRATE JUDGE

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