Benjamin Thurman v. Rug Doctor

Summary

The United States District Court for the Eastern District of Missouri grants Benjamin Thurman’s application to proceed in forma pauperis but dismisses his employment discrimination complaint against Rug Doctor as frivolous under 28 U.S.C. § 1915(e)(2)(B). The court concludes that prior frivolity dismissals of substantially identical complaints have res judicata effect and denies the motion to appoint counsel as moot.

Holdings

1. The court granted Plaintiff's application to proceed without prepaying fees and costs because his financial information showed that he was unable to pay the filing fee.
2. A subsequent in forma pauperis complaint asserting the same claims is properly dismissed as frivolous under § 1915(e)(2)(B) when prior complaints asserting those claims were dismissed as frivolous and therefore have res judicata effect.
3. Plaintiff's motion to appoint counsel was denied as moot.

Questions Presented

1. Whether Plaintiff's application to proceed in forma pauperis should be granted based on his inability to pay the filing fee.
2. Whether the repeated employment-discrimination complaint was frivolous and subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) because prior frivolous dismissals had res judicata effect.
3. Whether Plaintiff's motion to appoint counsel should be denied as moot after dismissal.

Disposition

dismissed