Saxton v. MAC(Missouri Athletic Club)

Filing 6

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 3] is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice. An Order of Dismissal will be filed separately. 3 Signed by District Judge Jean C. Hamilton on 9/1/15. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC SAXTON,
Plaintiff,
v.
MAC,
Defendant.

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No. 4:15CV1208 JCH

MEMORANDUM AND ORDER
Plaintiff moves for leave to proceed in forma pauperis in this civil action under the Equal
Pay Act, 29 U.S.C. § 206. The motion is granted.
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief, a complaint must plead more than “legal conclusions” and
“[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A plaintiff must

demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. at 678.
Plaintiff previously brought suit against defendant under Title VII. He did not have a
timely right-to-sue letter from the EEOC, however, and the Court dismissed the case. Plaintiff
now seeks to sue defendant under the Equal Pay Act for race discrimination.

The Equal Pay Act only applies to sex discrimination. See 29 U.S.C. § 206(d). It has no
application to discrimination based on race. As a result, the complaint fails to state a claim upon
which relief can be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 3] is GRANTED.
IT IS FURTHER ORDERED that this case is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this 1st day of September, 2015.
\s\ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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