Brown v. MV Student Transportation

Filing 6

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk receive and file the complaint in this action without payment of the required filing fee. See 28 U.S.C. § 1915(a). IT IS FURTHER ORDERED that the Clerk shall not issue process or cause pro cess to issue upon the complaint at this time. IT IS FURTHER ORDERED that the Clerk shall provide plaintiff with a copy of theCourts employment discrimination complaint form for pro se litigants.IT IS FURTHER ORDERED that plaintiff shall have thirty (30) days from the date of this order to fully complete, sign, and file an amended complaint on the Courts employment discrimination complaint form.IT IS FURTHER ORDERED that if plaintiff fails to comply with this Courts order, the Court will dismiss this action without prejudice. ( Response to Court due by 6/9/2011.). Signed by Honorable Charles A. Shaw on 5/11/11. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TRENISE BROWN,
Plaintiff,
v.
MV STUDENT TRANSPORTATION,
Defendant.

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No. 4:11-CV-685 CAS

MEMORANDUM AND ORDER
This matter is before the Court on the application of Trenise Brown for leave to commence
this action without payment of the required filing fee. See 28 U.S.C. § 1915 (a). Upon
consideration of the financial information provided with 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).
Title 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.” Neitzke v. Williams, 490 U.S. 319,
325 (1989). 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 give the complaint
the benefit of a liberal construction. 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 race discrimination action against MV Student Transportation pursuant
to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. Plaintiff
submitted her action on one of this Court’s standard “Employment Discrimination Complaint” forms
for pro se litigants; however, she has not provided the Court with sufficient information to review
her discrimination claim under 28 U.S.C. § 1915(e)(2)(B). Specifically, plaintiff has not set forth
the essential facts of her claim on page 5 or the relief she is requesting on page 7. Moreover,
plaintiff has not signed the complaint as required by Ru1e 11(a) of the Federal Rules of Civil
Procedure. Taking into consideration the fact that plaintiff is proceeding pro se and in forma
pauperis, the Court will grant her time to file an amended complaint as set forth below. Plaintiff is
advised that the amended complaint supersedes and completely replaces the original complaint, and
will be the only complaint the Court reviews.
Accordingly,
IT IS HEREBY ORDERED that the Clerk receive and file the complaint in this action
without payment of the required filing fee. See 28 U.S.C. § 1915(a).
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 the Clerk shall provide plaintiff with a copy of the
Court’s employment discrimination complaint form for pro se litigants.
IT IS FURTHER ORDERED that plaintiff shall have thirty (30) days from the date of this
order to fully complete, sign, and file an amended complaint on the Court’s employment
discrimination complaint form.
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IT IS FURTHER ORDERED that if plaintiff fails to comply with this Court’s order, the
Court will dismiss this action without prejudice.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 11th day of May, 2011.

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