United States District Court, D. Arizona
JOHN Z. BOYLE, Magistrate Judge.
Pending before the Court is Plaintiff Shelley Lee Baker's ("Plaintiff") Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2), which the Court will grant. However, as detailed below, the Court will dismiss Plaintiff's Complaint (Doc. 1) because it fails to comply with Rule 8 of the Federal Rules of Civil Procedure and Plaintiff's claims are time-barred. The Court will allow Plaintiff leave to amend her Complaint to include facts sufficient to state claims for discrimination and retaliation and to show that the statute of limitations was tolled. Finally, the Court will deny Plaintiff's "Request for Representation" (Doc. 3) because she has failed to show the exceptional circumstances required to warrant the appointment of counsel in this case.
I. Application to Proceed in District Court Without Prepaying Fees or Costs
In Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, she declares under penalty of perjury that she is unable to pay the filing fee and other costs associated with this case. Plaintiff has presented financial information to support her Application. Given Plaintiff's lack of significant income, the Court will grant her Application.
II. Screening of In Forma Pauperis Complaint
a. Legal Standards
For cases proceeding in forma pauperis, Congress provided that a district court "shall dismiss the case at any time if the court determines" that the "allegation of poverty is untrue" or that the "action or appeal" 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." 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1126 n.7 (9th Cir. 2000) (noting that section 1915(e) applies to all in forma pauperis complaints, not merely those filed by prisoners). Accordingly, "section 1915(e) not only permits but requires a district court to dismiss an in forma pauperis complaint that fails to state a claim." Lopez, 203 F.3d at 1127.
Rule 8(a) of the Federal Rules of Civil Procedure provides that to state a claim for relief, a complaint must contain (1) "a short and plain statement of the grounds for the court's jurisdiction, " (2) "a short and plain statement of the claim showing that the pleader is entitled to relief, " and (3) "a demand for the relief sought." The complaint also must contain "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) ( quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A plaintiff must allege facts sufficient "to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. Further, the allegations "may not simply recite the elements of a cause of action, but must contain sufficient allegations of underlying facts to give fair notice and to enable the opposing party to defend itself effectively." Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011).
b. Plaintiff's Complaint
In this action, Plaintiff asserts claims against JPMorgan Chase Bank ("Defendant"). Her complaint contains the following allegations:
I Shelley Baker have been discriminated and retaliated against because of my sex, color and disability. [sic] In violation of Title VII of the Civil Rights Act of 1964, and the Americans with Disabilitys [sic] Act of 1990, as amended.
Under Title VII of the disabilitys [sic] ...