Farmer v. F.B.I.
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis is GRANTED. [ECF No. 3 ] IT IS FURTHER ORDERED that this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). Signed by District Judge Ronnie L. White on 02/07/2018. (KCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
LA'SHANDA MICHELE FARMER,
No. 4:18-CV-207 NCC
MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action under Title VII of
the Civil Rights Act of 1964, as amended 42 U.S.C. §§ 2000e et seq., for employment
The motion is granted.
On initial review, however, the Court will dismiss
plaintiffs case without prejudice under 28 U.S.C. § 1915(e).
Standard of Review
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. Determining whether a complaint states a plausible claim for relief is a
context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.
When reviewing a complaint under 28 U.S.C. § 1915(e), the Court accepts the well-pled
facts as true. Furthermore, the Court liberally construes the allegations.
Plaintiff alleges she has been an investigator for the FBI since 1985, but has never been
paid. She states:
The workers at the downtown St. Louis, MO office and Springfield, IL knew of
my struggles as a single mother and the pain me and my children went through. I
would call and sometimes they would hang up and they still do. They didn't care
if we had food, a place to live, transportation, or daycare. They made [us] live off
of food stamps and [illegible] and general assistance.
When I had my first child on Aug. 19, 1987 at Belleville Memorial Hospital in
Belleville, IL they did nothing to assist in getting my child. I called and told them
I was homeless, I had no money and no identification. I then called again the
same year I went Job Corps, the agent asked me did I use my real name which is
Shonda Williams, I said no. I told him I was in the hospital under the La' Shanda
Michele Farmer 3/24/73 name and DOB and I was in a car accident. I also told
him that the woman that uses the name Yvette V. [illegible] hit me in the top of
the head with a hammer. I have the scar still on my right frontal lobe is from the
car accident and I had surgery. He told me to meet him at the Social Security
Office to get the SSN for that made up name and get my child. I told him I had
no money, he got mad at me etc.
For relief, plaintiff states:
I want my [salary] I haven't received since after 1985, and justice for me and my
children. I want my two oldest children. I want to end my employment. I want
my biological birth certificate and SSN.
Plaintiffs complaint is largely duplicative of one she filed in the Southern District of
Illinois on December 10, 2013. See Farmer v. Dep 't of Justice (FBI), No. 3:13-CV-1272 DRHPMF (S.D. Ill. filed Dec. 10, 2013). That case was dismissed as frivolous and without merit.
See id. at ECF No. 5. This case, too, will be dismissed on initial review as frivolous and without
Plaintiff believes she was hired in 1985 and is still employed as an FBI investigator;
however, she has never been paid. She states the FBI kept her working after she wanted to end
her employment and her "two oldest [children] got kidnapped." She claims "they knew of plots
that people attempted and harmed me and my children."
None of these allegations, even if accepted as true, suffice to state a claim that plaintiff
suffered unlawful discrimination as an employee of the FBI. Nor does the complaint state a
plausible claim for violations of her constitutional rights by persons acting under the color of
federal authority. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403
U.S. 388 (1971).
Additionally, the Court finds the allegations in plaintiffs complaint are factually
frivolous under Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
An action is factually
frivolous if the facts alleged are "clearly baseless." Allegations are clearly baseless if they are
"fanciful,'' "delusional," or "fantastic." Id. The Court finds plaintiffs complaint is frivolous and
without merit, and should be dismissed under 28 U.S.C. § 1915(e)(2)(b).
IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis is
GRANTED. [ECF No. 3]
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice
pursuant to 28 U.S.C. § 1915(e)(2)(B).
An Order of Dismissal will accompany this Memorandum and Order.
Dated this L a y of February, 2018.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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