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- ilnd;;1:13-cv-07897_de4 RegisterActionDate "2013-11-07" @default.
- ilnd;;1:13-cv-07897_de4 RegisterActionDescriptionText "ORDER Signed by the Honorable Ronald A. Guzman on 11/7/2013: Plaintiff seeks leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(a), the Court may authorize a plaintiff to proceed in forma pauperis if he is unable to pay the mandated court fees. A plaintiff need not be penniless to proceed in forma pauperis under § 1915(a)(1). See Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Instead, he is eligible to proceed in forma pauperis if payment of the filing fee will prevent him from providing for life's necessities. Id. Courts have sometimes used the Federal Poverty Guidelines as a threshold for determining whether to allow a civil plaintiff to proceed without payment of fees. See, e.g., Hernandez v. Dart, 635 F. Supp. 2d 798, 805 (N.D. Ill. 2009). Numbers released by the United States Department of Health & Human Services1 show that the 2013 Federal Poverty Guideline for a five-member household (Plaintiff attests he supports a wife and three sons) is $27,570.00. According to Plaintiff's financial affidavit, his family's only income at this point is $2,700.00 per month of rental income, which amounts to $32,400.00 per year. While Plaintiff makes approximately $4,830.00 more per year for a family of five than the amount stated in the poverty guidelines, the Court concludes that Plaintiff qualifies for pauper status given that he attests he is not currently employed and lost his job of thirteen years at Defendant American Eagle Airlines (which is in part the subject of the lawsuit) in May of 2013. A court must dismiss cases proceeding in forma pauperis at any time if the action isfrivolous, malicious, or fails to state a claim. 28 U.S.C. § 1915(d)(2). Plaintiff sues AmericanEagle Airlines, alleging that he was terminated based on his age and national origin. Theseallegations state a claim for discrimination. Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008) ([I]n order to prevent dismissal under Rule 12(b)(6), a complaint alleging sex discrimination need only aver that the employer instituted a (specified) adverse employment action against the plaintiff on the basis of her sex). Plaintiff also names Transport Workers Union of America as a defendant. It appears from the handwritten description of the facts as well as the attachments to the complaint that Plaintiff submitted a grievance to the union with respect to his termination for purported discrepancies on his payroll records. The union denied the grievance. It appears Plaintiff may be alleging a claim for breach of the duty of fair representation under the National Labor Relations Act, which occurs only when a union's conduct toward a member of the collective bargaining unit is arbitrary, discriminatory, or in bad faith. Vaca v. Sipes, 386 U.S. 171, 190 (1966). Plaintiff, however, does not allege any facts regarding arbitrariness, discrimination or bad faith on the unions behalf. Accordingly, the claim against the union is dismissed. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (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.). Plaintiff may file an amended complaint no more than 21 days from the date of entry of this order. For the reasons stated above, Plaintiffs motion to proceed in forma pauperis 4 is granted. The claim against the union is dismissed without prejudice. Plaintiff may file an amended complaint no more than 21 days from the date of entry of this order. Plaintiff is reminded that an amended complaint supersedes all earlier versions of the complaint. Therefore, if Plaintiff seeks to amend his complaint to include additional facts with respect to his claim against the union, he must also reallege his claim (which can be in the exact format of his original complaint) against American Eagle Airlines. The Marshal is directed to serve the complaint on American Eagle Airlines. Any forms necessary for the Marshal to serve the defendant shall be forwarded to Plaintiff and his failure to return the forms to the Marshal may result in dismissal of the case. Status is set for December 19, 2013 at 9:30 a.m. (kj, ) (Entered: 11/08/2013)" @default.
- ilnd;;1:13-cv-07897_de4 AdministrativeID "5" @default.
- ilnd;;1:13-cv-07897_de4 OntologyLabel order @default.
- ilnd;;1:13-cv-07897_de4 hasIfpJudgeAttribution SJ000724 @default.
- ilnd;;1:13-cv-07897_de4 hasIfpLabel IFP_GRANT @default.
- ilnd;;1:13-cv-07897_de4 hasReferenceToOtherEntry ilnd;;1:13-cv-07897_de3 @default.