Roberts v. FedEx Grounds

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. #2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 3] is DENIED at this time. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue on the employment discrimination complaint at the address for defendant provided by plaintiff. SEE ORDER FOR DETAILS. Signed by Sr. District Judge Audrey G. Fleissig on 9/24/2024. (CLT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JACKIE ROBERTS,
Plaintiff,
v.
FEDEX GROUNDS,
Defendant.

)
)
)
)
)
)
)
)
)

No. 4:24-CV-1066-AGF

MEMORANDUM AND ORDER
This matter is before the Court upon the application of self-represented plaintiff Jackie
Roberts for leave to commence this action without payment of the required filing fee. ECF No. 2.
Upon consideration of the financial information provided with the application, the Court finds the
plaintiff is unable to pay any portion of the filing fee. See 28 U.S.C. § 1915(a). Therefore, plaintiff
will be granted leave to proceed in forma pauperis.
Also before the Court is plaintiff’s motion for appointment of counsel. ECF No. 3. “A pro
se litigant has no statutory or constitutional right to have counsel appointed in a civil case.” Stevens
v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998). When determining whether to appoint counsel for
an indigent litigant, the Court considers relevant factors, such as the complexity of the case, the
ability of the self-represented litigant to investigate the facts, the existence of conflicting
testimony, and the ability of the self-represented litigant to present his or her claim. Id.
Plaintiff brings this action under the Age Discrimination in Employment Act of 1967
(“ADEA”), as amended, 29 U.S.C. §§ 621, et seq., for alleged employment discrimination based
on her age. Although plaintiff does not check the box for bringing a claim under Title VII of the
Civil Rights Act of 1964 (“Title VII”), she also alleges employment discrimination on the basis of

her religion. ECF No. 1. FedEx Grounds is named as the sole defendant. Plaintiff submitted her
Notice of Right to Sue letter to her complaint. ECF No. 1-1. Plaintiff has also filed her charge of
discrimination. ECF No. 8.
After considering the relevant factors for the appointment of counsel and the factual
allegations in the complaint, the Court finds that the facts and legal issues involved are not so
complicated that the appointment of counsel is warranted at this time. Plaintiff has presented nonfrivolous allegations in her complaint against defendant and has demonstrated, at this point, that
she can adequately present his claims to the Court. The Court will entertain future motions for
appointment of counsel as the case progresses.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis
[ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel [ECF
No. 3] is DENIED at this time.
IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process
to issue on the employment discrimination complaint at the address for defendant provided by
plaintiff.
Dated this 24th day of September, 2024.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

2