Murray v. Alta Resources Corp

Filing 5

ORDER signed by Judge J.P. Stadtmueller on 10/2/2017 GRANTING 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
HAROLD MURRAY,

v.

Plaintiff,

Case No. 17-CV-1280-JPS

ALTA RESOURCES CORP.,
Defendant.

ORDER

Plaintiff, Harold Murray, with the assistance of counsel, filed a
complaint alleging that Defendant, his former employer, discriminated
against him based on his race and age. (Docket #1). Before the Court is
Plaintiff’s petition to proceed in forma pauperis. (Docket #2).
In order to allow a plaintiff to proceed without paying the filing fee,
the court must first decide whether the plaintiff has the ability to pay the
filing fee and, if not, whether the lawsuit is frivolous. 28 U.S.C. §§ 1915(a),
(e)(2)(B)(I). On the first question, Plaintiff avers in his motion that he is selfemployed, married, and has a teenager daughter whom he supports.
(Docket #2 at 1–2). He earns $300 per month in wages, while his spouse
earns $1,450 per month. Id. at 2. He also states that he receives an additional
$1,450 per month in disability payments and “self-employment,” though he
does not explain why this portion of his income is different from his wages,
which also stem from self-employment. Id.
Plaintiff asserts that his monthly expenses, including rent, car
payments, credit card payments, and other household expenses, total
$2,873. Id. His assets include two vehicles, a 2006 Kia Sedona, which he
values at $1,500, and a 2016 Dodge Dart, which he values at $11,000. Id. at

3–4. Finally, he claims to have $50 in a bank account. Id. On these averments,
particularly in light of the fact that Plaintiff’s family income barely exceeds
his expenses, the Court finds that Plaintiff has demonstrated that he cannot
pay the $350 filing fee and $50 administrative fee.
However, notwithstanding any filing fee, the Court must dismiss a
complaint or portion thereof if it has raised claims that are legally “frivolous
or malicious,” that fail to state a claim upon which relief may be granted, or
that seek monetary relief from a defendant who is immune from such relief.
28 U.S.C. § 1915(e)(2)(B). To state a cognizable claim under the federal
notice pleading system, a plaintiff is required to provide a “short and plain
statement of the claim showing that [he] is entitled to relief[.]” Fed. R. Civ.
P. 8(a)(2). It is not necessary for the plaintiff to plead specific facts and his
statement need only “give the defendant fair notice of what the…claim is
and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555 (2007). However, a complaint that offers “labels and conclusions”
or “formulaic recitation of the elements of a cause of action will not do.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To state a claim, a complaint must
contain sufficient factual matter, accepted as true, “that is plausible on its
face.” Id. (quoting Twombly, 550 U.S. at 570).
As noted above, Plaintiff’s complaint concerns alleged workplace
discrimination he suffered on account of his race and age. (Docket #1). He
claims that, because of his membership in these protected classes, he was
denied incentive bonuses, given performance critiques without sufficient
reason, denied the ability to work unpaid hours to make up FMLA leave he
had used, and eventually terminated. Id. at 3–4. His allegations, drafted
with the aid of counsel, are detailed, describing the timeline of relevant
events and connecting those allegations to racial or age-based animus. See
Page 2 of 3

id. at 3–4. Given the exceedingly lenient standard of review applied at
screening, the Court finds that none of Plaintiff’s claims are frivolous. As a
result, the Court will grant Plaintiff leave to proceed in forma pauperis.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for leave to proceed in forma
pauperis (Docket #2) be and the same is hereby GRANTED.
Dated at Milwaukee, Wisconsin, this 2nd day of October, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

Page 3 of 3