United States District Court, E.D. Wisconsin
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED
WITHOUT PREPAYING THE FILING FEE (DKT. NO. 2), DENYING
WITHOUT PREJUDICE PLAINTIFF'S MOTION TO APPOINT COUNSEL
(DKT. NO. 3) AND ORDERING THE PLAINTIFF TO FILE AN AMENDED
PAMELA PEPPER, UNITED STATES DISTRICT JUDGE
October 26, 2018, the plaintiff (who is representing herself)
filed a complaint against Kinseth Hospitality Home 2 Suites,
dkt. no. 1, a motion to proceed without prepaying the filing
fee, dkt. no. 2, and a motion to appoint counsel, dkt. no. 3.
This is not the plaintiff's first trip to this court;
representing herself, she filed two cases in 2017, alleging
that staff at a hotel and staff at the Milwaukee Career
College had harassed her. Harris v. Four Points Sheraton
Hotel, No. 17-cv-859; Harris v. City of
Milwaukee, No. 17-cv-1003. The court dismissed both
cases for failure to state a claim. The complaint in this
case does not state a claim, but the court will give the
plaintiff the opportunity to amend her complaint.
Motion to Proceed Without Prepaying the Filing Fee (Dkt. No.
court may allow someone to proceed without prepaying the
filing fee if two conditions are met: (1) the person shows
that she is unable to pay the filing fee and (2) the case is
not frivolous nor malicious, does not fail to state a claim
on which relief may be granted, and does not seek monetary
relief against a defendant that is immune from such relief.
28 U.S.C. §§1915(a) and (e)(2).
Ability to Pay the Filing Fee
plaintiff's request states that she is employed, single
and has two sons-ages fifteen and twelve-to whom she provides
financial support of $200 per month each, for a total of
$400. Dkt. No. 2 at 1. (In the “Other
Circumstances” section later in the form, the plaintiff
lists their ages as fourteen and eleven, and says that she
sent them away to their father in September 2018.
Id. at 4.) She reports that she receives $800 in
total monthly wages and salary, and that she receives $890
from “Unemployment.” Id. at 2. She says
her monthly expenses total $500, id. at 3, but this
number does not match her listed individual expenses:
$400/month for her children, $200/month for rent, and
$100/month for other household expenses, id. at 2,
for a total of $700. She does not list utilities, insurance,
clothing or other expenses. She owns 2004 Chevy Impala valued
at $2, 000. Id. at 3. She does not own a home and
does not have any cash, checking or savings accounts.
Id. Under “other circumstances, ” she
explains that she had to send her children to stay with their
father because she had become “homeless and
depressed” due to her unemployment. Id. at 4.
court concludes that the plaintiff does not have the ability
to pay the $400 civil filing fee.
court next must decide whether the claims in the complaint
are legally “frivolous or malicious, ” fail to
state a claim for which a federal court may grant relief or
seek monetary relief from a defendant who is immune from such
relief. 28 U.S.C. §1915A(b). To state a claim under the
federal notice pleading system, a plaintiff must provide a
“short and plain statement of the claim” showing
that she is entitled to relief. Fed.R.Civ.P. 8(a)(2). A
plaintiff does not need to plead every fact supporting her
claims; she needs only to give the defendant fair notice of
the claim and the grounds upon which it rests. Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting
Conley v. Gibson, 355 U.S. 41, 47 (1957)). That
said, a complaint that offers only “labels and
conclusions” or “a formulaic recitation of the
elements of a cause of action will not do.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Twombly, 550 U.S. at 555). A complaint must contain
“sufficient factual matter, accepted as true, that is
plausible on its face.” Id. (quoting
Twombly, 550 U.S. at 570). “A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Id. (citing Twombly, 550 U.S. at 556). The
complaint's allegations “must be enough to raise a
right to relief above the speculative level.”
Twombly, 550 U.S. at 555 (citation omitted).
the plaintiff represents herself, the court must liberally
construe the allegations of the complaint. Erickson v.
Pardus, 551 U.S. 89, 94 (2007).
Facts Alleged the Complaint
complaint alleges that Kinseth Hospitality “or”
Home 2 Suites “violated [her] rights” when they
“fired [her] with untrue information.” Dkt. No. 1
at 2. The plaintiff “swear[s] under oath” that
she “did not consume any alcohol on 6-20-2018.”
Id. She also “swear[s] under oath” that
“from day one, ” she was “harassed[, ]
treated unfairly[, ] passed up for promotions and raises
[she] rightfully earned.” Id. She says that
she was “met up with Janelle and Rose” telling
her that she “had to work fast” because she
“would have the Echeck in Rms.” Id.
plaintiff says that the “environment was hostile and
everyone would leave [her] back at the hotel.”
Id. at 2-3. She asserts that “everyone would
be able to help each other Just not [her].”
Id. at 3. The plaintiff alleges that
“workloads” were purposely “piled up”
on her, and that she was “constantly harassed by [the
defendants'] maintenance guy Harris.” Id.
plaintiff contends that in the month of October she was