Moore v. Dry Goods, LLC

Background

Mariama Moore sued Dry Goods, LLC and Holly Urbnis. She applied to proceed without paying the filing fee, a status commonly called proceeding without payment because of financial hardship. The court found that Moore qualified financially for that status.

Moore alleged that the defendants discriminated against her based on race, religion, national origin, color, gender, and age by failing to hire her or make her a contract offer. The complaint contained no other factual allegations, and the attached exhibits added little detail. The court also noted that Moore’s charge filed with the Equal Employment Opportunity Commission said she believed she had been unlawfully discharged, rather than alleging that the defendants unlawfully failed to hire her.

Legal Standard

Under 28 U.S.C. § 1915(e)(2)(B)(ii), the court must deny an application to proceed without paying the filing fee and dismiss the action if the complaint fails to state a claim for which relief can be granted. The court accepted the complaint’s factual allegations as true and drew reasonable inferences in Moore’s favor. But it could disregard legal conclusions presented as facts, and the complaint still had to include enough facts to make the claimed right to relief plausible. The court also construed complaints filed without a lawyer liberally, while requiring sufficient supporting facts.

Ruling

The court held that Moore’s allegations were only conclusory statements of discrimination. They did not provide a plausible basis for a factfinder to conclude that the defendants treated Moore differently because of race, gender, or another impermissible factor. The court therefore dismissed the action without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) and denied Moore’s application to proceed without paying the filing fee.

Disposition

The matter was DISMISSED without prejudice, and Moore’s application to proceed in forma pauperis was DENIED.