Dean v. Sioux Falls VA Hospital et al

Filing 7

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; dismissing Complaint with prejudice for failure to state a claim. Signed by U.S. District Judge Lawrence L. Piersol on 10/12/17. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

FILED
OCT 1 2 2017

SOUTHERN DIVISION

clerk

4:I7-CV-04108-LLP

MILAN CARTER DEAN,

Plaintiff,
ORDER GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS AND DISMISSING CASE

vs.

SIOUX FALLS VA HOSPITAL;

DARWIN GOODSPEED, SIOUX FALLS VA
HOSPITAL DIRECTOR; AND
BETSY GEIVER, SIOUX
HOSPITAL - HR DIRECTOR;

FALLS

WITH PREJUDICE

VA

Defendants.

Plaintiff, Milan Carter Dean, filed a pro se age discrimination civil rights lawsuit against

the Sioux Falls VA Hospital, Darwin Goodspeed, the director of the Sioux Falls VA Hospital,
and Betsy Geiver, the human resources director of the Sioux Falls VA Hospital. Docket I & 2.
Dean also moves for leave to proceed in forma pauperis in his lawsuit against defendants.
Docket 3.

FACTUAL BACKGROUND

Dean alleges that the hospital did not allow him to pursue a career at the Sioux Falls VA

Hospital due to its discriminatory policies. Docket 1 at 3. He alleges that "[t]he director is
expected to serve all [vjeterans needs and to make sure that we are all treated equal[.]" Id. He
also alleges that "HR Director Betsey Geiver is under VA Hospital Director Goodspeed and he
should have stopped this discriminatory practice of discrimination." Id.

LEGAL STANDARD

There is a two-step screening process with informa pauperis litigants. Martin-Trigona v.
Stewart, 691 F.2d 856, 857 (8th Cir. 1982); see also Key v. Does, 217 F. Supp. 3d 1006, 1006

(E.D. Ark. 2016). First, district courts must determine whether a plaintiff is financially eligible