United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
SHIRLEY PADMORE MENSAH UNITED STATES MAGISTRATE JUDGE
matter is before the Court on plaintiff's motion for
leave to proceed in forma pauperis and submission of a civil
complaint. The motion is granted. Additionally, the Court
will require plaintiff to file an amended complaint that
clearly sets forth his claims and this Court's
jurisdiction over those claims.
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.
brings this action against Blanton Construction Co., the St.
Louis Carpenters Joint Apprenticeship Program
(“Apprenticeship Program”), the International
United Brotherhood of Carpenters, and the United States
Department of Labor. Plaintiff alleges that the
Apprenticeship Program discriminated against him because of
his religion and because Union members thought he was
homosexual. He says he was not given the same opportunities
as other Union members to complete his training, claiming
that it took fourteen years to complete the last two years of
his apprenticeship. He complained to the Department of Labor,
but the Agency did not provide him with any relief. He says
he lost his pension and that he has not worked since July
complaint has several deficiencies. Rule 8(a) of the Federal
Rules of Civil Procedure requires both that a plaintiff
plainly state “the grounds for the court's
jurisdiction” and “the claim showing that the
pleader is entitled to relief.” Plaintiff has done
does not state under which statutory scheme he is attempting
to sue the Union. The National Labor Relations Act, 29 U.S.C.
§§ 151-169, permits employees to sue for
“unfair labor practices” under specific
circumstances specified under the statutes. However,
plaintiff has not articulated which, or any, of the unfair
labor practices set forth in the statutes he is bringing this
action. Nor has he articulated any other federal law he
believes the Union violated.
are no allegations in the complaint concerning Blanton
Construction Co. As a result, plaintiff has failed to state a
claim against this defendant.
against the Department of Labor is a suit against the United
States. “To sue the United States, [a plaintiff] must
show both a waiver of sovereign immunity and a grant of
subject matter jurisdiction.” VS Ltd. P'ship v.
Dep't of Hous. and Urban Dev., 235 F.3d 1109, 112
(8th Cir. 2000). A waiver of sovereign immunity “cannot
be implied but must be unequivocally expressed” by
Congress. United States v. King, 395 U.S. 1, 4
(1969). Plaintiff has not shown that the United States waived
its sovereign immunity with respect to his claims against the
Department of Labor. Consequently, he has failed to show that
the Court has jurisdiction over those claims.
these reasons, the Court will require plaintiff to submit an
amended complaint that cures these deficiencies. Plaintiff
must state under which statutes he is suing the defendants.
And he must set forth facts showing how each defendant
violated his rights. Rule 10(b) requires a plaintiff to
“state [his] claims . . . in numbered paragraphs, each
limited as far as practicable to a single set of
circumstances.” Plaintiff must file his amended
complaint within twenty-one days of the date of this Order.
IT IS HEREBY ORDERED that plaintiff's motion to proceed