Summary
This Memorandum and Order from the U.S. District Court for the Eastern District of Missouri grants plaintiff Darrias Jackson’s motion to proceed in forma pauperis but requires him to amend his employment discrimination complaint to properly allege jurisdictional and statutory bases. The court also denies his motion for appointment of counsel at this time, finding the case not complex enough to warrant appointed representation. Plaintiff is given twenty-one days to file an amended complaint using a court-provided form or face dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether Jackson should be permitted to proceed in forma pauperis based on his financial inability to pay the filing fee.
- Whether Jackson's complaint adequately stated the jurisdictional and statutory basis for an employment-discrimination action or instead required amendment before initial review.
- Whether appointment of counsel was warranted for the self-represented plaintiff at that stage of the case.
Holdings
- Jackson was financially unable to pay the filing fee and was therefore granted leave to proceed in forma pauperis.
- The complaint was insufficient for initial review because it did not identify the jurisdictional basis for the action or the statutory and factual basis of the employment-discrimination claim; Jackson was required to amend the complaint on a court-provided form.
- Appointment of counsel was not warranted at that time, although the court would entertain future motions as the case progressed.
Key quotations
“Plaintiff’s failure to timely comply with this Order will result in the dismissal of this case, without prejudice and without further notice.”
“In civil cases, a pro se litigant does not have a constitutional or statutory right to appointed counsel.”
Factual background
Jackson filed an employment-discrimination action against Compass Group but did not identify whether he was proceeding under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, or the Rehabilitation Act. His complaint also failed to state a federal-question or diversity jurisdiction basis and did not articulate the statutory or discriminatory conduct supporting his claim.
Procedural history
Jackson filed the action on December 9, 2024, but did not identify the federal jurisdictional basis or the statute supporting his employment claims. The court granted his in forma pauperis application, ordered him to file an amended complaint on the court's employment-discrimination form within twenty-one days, and denied his motion for appointment of counsel at that time.