United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY, 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(a).
Plaintiff has failed to fully complete the CJA 23 Financial
Affidavit. Therefore, his application to proceed in
forma pauperis will be held in abeyance, and he will be
required to submit an amended Financial Affidavit within
thirty (30) days of the date of this Order. Further,
plaintiff will be required to file an amended complaint
within thirty (30) days of the date of this Memorandum and
brings this action under Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e, et seq., for alleged
retaliation. Plaintiff brings this action against his
previous employer, Burlington Stores. He has attached a right
to sue letter to his complaint from the Missouri Commission
on Human Rights ("MCHR") dated August 30, 2017, as
well as a right to sue letter from the EEOC, dated July 13,
2017. Plaintiff has not, however, filled in his
“Statement of Claim” section in his complaint.
Rather, he has stated only, “I filed a previous claim
with the EEOC about how they was discriminating against me
because of my raise so they fired me.” Plaintiff has
additionally attached his Charge of Discrimination to his
complaint, which contains little background information
relative to his claims. See Fed.R.Civ.P.10(c).
the Court will order plaintiff to amend his complaint to more
fully set forth his “Statement of Claim.”
Plaintiff is required to submit his amended complaint on a
court-provided form, and it must comply with Rules 8 and 10
of the Federal Rules of Civil Procedure. Rule 8(a) requires
that a complaint contain a short and plain statement of the
claim showing that the pleader is entitled to relief and a
demand for the relief sought. And Rule 10(b) requires that a
party must state its claims or defenses in separately
numbered paragraphs, each limited as far as practicable to a
single set of circumstances. In his amended complaint
plaintiff must also clearly articulate whether he is pursuing
a claim, or claims, under the MHRA.
shall have thirty (30) days from the date of this Order to
file his amended complaint. Plaintiff is warned that the
filing of the amended complaint completely
replaces the original complaint, and claims
that are not re-alleged are deemed abandoned. E.g., In re
Wireless Telephone Federal Cost Recovery Fees
Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
the filing of plaintiff's amended complaint, the Court
will review the amended complaint pursuant to 28 U.S.C.
§ 1915 for frivolousness, maliciousness and/or failure
to state a claim. A claim must survive § 1915 review in
order for plaintiff to proceed on those claims in this
stated above, plaintiff is also required to submit an amended
CJA 23 Financial Affidavit. Plaintiff failed to fully fill in
all fields on his original Financial Affidavit, and the Court
cannot make a determination on his motion to proceed in forma
pauperis without information regarding his financial status
without a complete financial background. Plaintiff's
failure to fully complete the form in a timely manner, or pay
the full $400 filing fee will result in a dismissal of this
action, without prejudice.
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 [Doc. #2] will
be HELD IN ABEYANCE.
IS FURTHER ORDERED that the Court must provide
plaintiff with a copy of the CJA 23 Financial Affidavit.
IS FURTHER ORDERED that plaintiff must complete and
file the CJA 23 Financial Affidavit in its entirety within
thirty (30) days of the date of this Memorandum and Order.
IS FURTHER ORDERED that plaintiffs failure to
complete the CJA 23 Financial Affidavit within thirty (30)
days of the date of this Order, or pay the full $400 filing
fee, will ...