Motan v. Deals-Dollar Tree

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. See 28 U.S.C. 1915(a)(1). IT IS FURTHER ORDERED that the Clerk shall provide plaintiff a copy of a blank Employ ment Discrimination Complaint form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint, consistent with the Court's instructions, within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff=s motion for appointment of counsel [Doc. # 4 ] is DENIED, without prejudice. Signed by District Judge John A. Ross on 2/10/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ABEER K. MOTAN,
Plaintiff,
v.
DEALS-DOLLAR TREE,
Defendant.

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No. 4:15-CV-235-JAR

MEMORANDUM AND ORDER
This matter is before the Court on the application of Abeer Motan 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). After carefully reviewing the
complaint [Doc. #1], the Court will order plaintiff to file an amended pleading
according to the instructions set forth below.
The Complaint
Plaintiff brings this action pursuant to Title VII of the Civil Rights Act of
1964 (ATitle VII@), 42 U.S.C. ' 2000e-5, and the Age Discrimination in
Employment Act of 1967, 29 U.S.C. ' 621, et seq. Based on the allegations

contained in the Charge of Discrimination attached to the complaint [Doc. #1-1, p.
3], plaintiff claims that she was terminated from her employment based on her
race, national origin, color, age, sex, religion, and genetic information. Despite
the clear allegations outlined in the Charge of Discrimination, the complaint is
difficult to read and, at times, is completely incoherent. In fact, the Court is
unable to discern a clear set of factual allegations within the body of her entire
complaint. Accordingly, plaintiff will be required to amend her complaint to
conform to the pleading standards set forth in Federal Rules of Civil Procedure 8
and 10.
Discussion
A.

Filing an Amended Complaint
Plaintiff is required to file an amended complaint, on a court-provided form,

and it must comply with Rules 8 and 10 of the Federal Rules of Civil Procedure.
Rule 8(a) requires that a complaint contain a short and plain statement of the claim
showing that the pleader is entitled to relief against the named defendant(s) and
specifying the relief sought. Rule 10(b) requires that a party state all claims or
defenses in separately numbered paragraphs, each limited as far as practicable to a
single set of circumstances.

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Plaintiff shall have thirty (30) days from the date of this Order to file her
amended complaint.

Plaintiff is warned that the amended complaint will

completely replace the original complaint, and claims that are not re-alleged are
deemed abandoned. E.g., In re Wireless Telephone Federal Cost Recovery Fees
Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
After the filing of plaintiff=s amended complaint, the Court will review the
pleading pursuant to 28 U.S.C. ' 1915 for frivolousness, maliciousness and/or
failure to state a claim. A claim must survive ' 1915 review in order for plaintiff to
proceed on those claims in this lawsuit.
B.

Motion for Appointment of Counsel
Additionally, the Court will deny plaintiff=s motion for appointment of

counsel [Doc. #4] at this time. There is no constitutional or statutory right to
appointed counsel in civil cases.

Nelson v. Redfield Lithograph Printing, 728

F.2d 1003, 1004 (8th Cir. 1984). In determining whether to appoint counsel, the
Court considers several factors, including (1) whether the plaintiff has presented
non-frivolous allegations supporting his or her prayer for relief; (2) whether the
plaintiff will substantially benefit from the appointment of counsel; (3) whether
there is a need to further investigate and present the facts related to the plaintiff=s
allegations; and (4) whether the factual and legal issues presented by the action are
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complex. See Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986);
Nelson, 728 F.2d at 1005.
After considering these factors, the Court finds that the facts and legal issues
involved in the case at bar are not so complicated that the appointment of counsel
is warranted at this time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff=s motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED. See 28 U.S.C. ' 1915(a)(1).
IT IS FURTHER ORDERED that the Clerk shall provide plaintiff a copy
of a blank Employment Discrimination Complaint form.
IT IS FURTHER ORDERED that plaintiff shall file an amended
complaint, consistent with the Court’s instructions, within thirty (30) days of the
date of this Order.
IT IS FURTHER ORDERED that plaintiff=s motion for appointment of
counsel [Doc. #4] is DENIED, without prejudice.

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IT IS FURTHER ORDERED that if plaintiff fails to comply with this
Order, this action will be dismissed without prejudice and without further notice to
her.
Dated this 10th day of February, 2015.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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