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- ilnd;;1:20-cv-06432_de5 RegisterActionDate "2020-11-06" @default.
- ilnd;;1:20-cv-06432_de5 RegisterActionDescriptionText "MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the complaint submitted by Plaintiff 849C2BA, a pro se litigant. She also filed an application for leave to proceed in forma pauperis, as well as a motion for appointment of counsel. The Court finds that Plaintiff is indigent and thus satisfies the financial requirements for a waiver of the filing fee. However, a summons shall not issue. Under Section 1915(e)(2), the Court must screen pro se complaints and dismiss the complaint, or any claims therein, if the Court determines that the complaint or claim is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See Jones v. Bock, 549 U.S. 199, 214 (2007); Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). Here, Plaintiff filed a complaint for employment discrimination on the basis of color, race, and sex. (Dckt. No. 1 ) But the complaint contains almost no facts about the alleged discrimination. The complaint includes only a few explanatory sentences, including "getting injured on the job caused the plaintiff to fire me." The complaint also says that she received a call from HR stating that she was "terminated because of my job performance basis [sic]." She attached a termination letter about "Poor Work Performance." Plaintiff must do more than allege discrimination, without more. As things stand, the complaint does not provide any information at all about the alleged discrimination. A complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." See Fed. R. Civ. P. 8(a)(2). To survive, the complaint must give the defendant fair notice of the basis for the claim, and it must be facially plausible. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). "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." Iqbal, 556 U.S. at 678. Simply put, Plaintiff must provide "factual content" for her claim. But the current complaint offers no facts about the alleged discrimination. The complaint is dismissed. But Plaintiff can try again. The Court grants Plaintiff leave to file an amended complaint by November 30, 2020. Any amended complaint must include facts about the alleged discrimination. If Plaintiff does not file an amended complaint by November 30, 2020, the Court will dismiss the case. The motion for attorney representation (Dckt. No. 5 ) is taken under advisement pending receipt of an amended complaint. The Court directs the Clerk to mail a copy of this Order to Plaintiff. Mailed notice. (jjr, ) (Entered: 11/06/2020)" @default.
- ilnd;;1:20-cv-06432_de5 AdministrativeID "8" @default.
- ilnd;;1:20-cv-06432_de5 hasReferenceToOtherEntry ilnd;;1:20-cv-06432_de0 @default.
- ilnd;;1:20-cv-06432_de5 hasReferenceToOtherEntry ilnd;;1:20-cv-06432_de4 @default.