United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
W. SIPPEL, UNITED STATES DISTRICT JUDGE.
matter is before the Court upon the application of plaintiff
for leave to commence this action without payment of the
required filing fee. See 28 U.S.C. § 1915. Upon
consideration of the financial information provided with the
application, the Court finds that the applicant is
financially unable to pay any portion of the filing fee.
Therefore, plaintiff will be granted leave to proceed in
forma pauperis. However, plaintiff will be required to file
an amended complaint within thirty (30) days of the date of
this Memorandum and Order as plaintiff has failed to sue the
proper party in this Title VII action.
brings this action under Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e, et seq., for alleged
religious discrimination. Plaintiff also alleges that he was
subjected to a hostile work environment by his supervisor,
Roger Berry, at the St. Louis City Parks Department. Named as
the sole defendant in this Title VII action is Mr. Berry.
Attached to plaintiff's complaint is a right to sue
letter issued by the United States Department of Justice,
Civil Rights Division, dated August 31, 2016.
plaintiff is proceeding in forma pauperis, the Court is
required to conduct an initial review of the case and to
dismiss it if it is frivolous, malicious, or fails to state a
claim upon which relief can be granted. 28 U.S.C. §
VII provides a remedy only against an
“employer.”The Eighth Circuit Court of Appeals
has squarely held that “supervisors may not be held
individually liable under Title VII.”
Bonomolo-Hagen v. Clay Central-Everly Community School
District, 121 F.3d 446, 447 (8th Cir. 1997) (citing
Spencer v. Ripley County State Bank, 123 F.3d 690,
691-92 (8th Cir. 1997); see Bales v. Wal-Mart Stores
Inc., 143 F.3d 1103, 1111 (8th Cir. 1998). As a result,
plaintiff's claims against defendant Berry are subject to
dismissal. At this time, plaintiff has not alleged claims
against another defendant in this action.
plaintiff is proceeding pro se, the Court will allow
plaintiff to file an amended complaint on the Court's
Employment Discrimination Complaint Form in order to name the
proper party in this lawsuit. Plaintiff shall have thirty
(30) days from the date of this Order to file an amended
complaint in accordance with the specific instructions set
forth herein. All claims in an action must be included in
one, centralized complaint form. The filing of an amended
complaint replaces the original complaint and all
previously-filed pleadings, and so he must include each and
every one of the claims he wishes to pursue in the amended
complaint. See, e.g., In re Wireless Telephone Federal
Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th
Cir. 2005). Any claims from the original complaint,
supplements, and/or pleadings that are not included in the
amended complaint will be deemed abandoned and will not be
considered. Id. If plaintiff fails to file an
amended complaint on a Court form within thirty (30) days in
accordance with the Court's instructions, the Court will
dismiss this action without prejudice and without further
the Court will deny plaintiff's motion for appointment of
counsel at this time. There is no constitutional or statutory
right to appointed counsel in civil cases. Nelson v.
Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th
Cir. 1984). In determining whether to appoint counsel, the
Court considers several factors, including (1) whether the
plaintiff has presented non-frivolous allegations supporting
his or her prayer for relief; (2) whether the plaintiff will
substantially benefit from the appointment of counsel; (3)
whether there is a need to further investigate and present
the facts related to the plaintiff's allegations; and (4)
whether the factual and legal issues presented by the action
are complex. See Johnson v. Williams, 788 F.2d 1319,
1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.
considering these factors and the factual allegations in the
case at hand, the Court finds that the facts and legal issues
involved are not so complicated that the appointment of
counsel is warranted at this time.
IT IS HEREBY ORDERED that plaintiff's motion for leave to
proceed in forma pauperis [#2] is GRANTED.
FURTHER ORDERED that plaintiff shall amend his complaint, on
a court-provided Employment Discrimination Complaint form
within thirty (30) days of the date of this Order.
FURTHER ORDERED that the Clerk shall provide plaintiff a copy
of a blank ...