Summary
This Memorandum and Order from the U.S. District Court for the Eastern District of Missouri grants a pro se plaintiff's motion to proceed in forma pauperis while denying her motion for appointment of counsel. Following an initial screening under 28 U.S.C. § 1915(e)(2)(B), the court finds the Title VII employment discrimination complaint deficient for failing to properly identify the employer-defendant, attach required EEOC documentation, and meet minimum pleading standards. The court orders the plaintiff to file an amended complaint on a court-provided form within thirty days to cure these deficiencies.
Topics
Practice areas
Questions Presented
- Whether the plaintiff’s complaint survives initial 28 U.S.C. §1915(e)(2) review and the plaintiff may proceed in forma pauperis.
- Whether the plaintiff is entitled to appointment of counsel at this stage of the litigation.
Holdings
- The motion to proceed in forma pauperis is GRANTED and the filing fee is waived, but the complaint does not survive §1915(e)(2) review; the plaintiff must file an amended complaint within thirty days addressing pleading deficiencies.
- The motion for appointment of counsel is DENIED without prejudice.
Key quotations
“The Court may dismiss a complaint filed in forma pauperis if the action is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief.”
“Title VII prohibits “unlawful employment practice[s]” by an “employer” only.”
Factual background
Earlesha Davis, a self‑represented plaintiff, alleges Title VII race and color discrimination that occurred between October 15 and October 22, 2024 while employed at an unnamed employer. She complained about an assignment change, received a verbal warning, was placed on administrative leave, and was terminated on October 22, 2024. The complaint lacks specific factual allegations, does not identify the employer, and omits a copy of the EEOC Charge of Discrimination.
Procedural history
Plaintiff filed an employment discrimination action under Title VII on March 11, 2025. The court considered a motion to proceed in forma pauperis and a motion for appointment of counsel and issued this memorandum and order.
Remand instructions
Plaintiff must file an amended employment discrimination complaint on the Court‑provided form within thirty (30) days, naming the proper employer as defendant and attaching a complete copy of the EEOC Charge of Discrimination and the Right‑to‑Sue letter.