Sidney Keys, Sr. v. Veterans United Mortgage Co.

Summary

The United States District Court for the Eastern District of Missouri granted Sidney Keys, Sr.’s application to proceed without prepaying fees or costs. The court dismissed his complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B), concluding that his allegations that Veterans United Mortgage Co. denied him a home loan because of racial discrimination did not plausibly state a claim under 42 U.S.C. § 1981. The court also denied his motion to appoint counsel as moot.

Holdings

1. The complaint failed to state a plausible § 1981 racial-discrimination claim because it alleged discrimination only as a conclusion and pleaded no facts from which racial animus could be inferred.
2. The court dismissed the action without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted.

Questions Presented

1. Whether the complaint stated a plausible claim of racial discrimination under 42 U.S.C. § 1981.
2. Whether the action should be dismissed during initial in forma pauperis screening under 28 U.S.C. § 1915(e)(2)(B).

Disposition

dismissed