Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Virginia M. Kendall Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 5304 DATE 7/27/2012

CASE

TITLE

Spaine vs. Kane-Richards et al

DOCKET ENTRY TEXT

Therefore, Plaintiff’s Motion for the Appointment of Counsel is denied at this time.  Should the

case proceed to a point that the assistance of counsel is appropriate, the Court may revisit this

request.  For the reasons set forth above, Spaine’s Motion to Proceed In Forma Pauperis is granted

on her Title VII claim.  Here FLSA claim and her ADA claim are dismissed.

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff Anne M. Spain moves the Court to proceed in forma pauperis without the full

prepayment of filing fees and for the appointment of counsel.  Spain is suing her former employer,

Community Contacts, Inc., Nancy Kane‐Richards, and Lowell D. Tosch for discrimination against

her on the basis of her race in violation of Title VII, and for creating work conditions violating the

Fair Labor Standards Act and the Americans With Disabilities Act.

Pursuant to 28 U.S.C. §1915(a), the Court may authorize Spaine to proceed in forma pauperis

if she is unable to pay the mandated court fees.  Spaine 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, she is

eligible to proceed in forma pauperis if payment of the filing fees will prevent her from providing for

life’s necessities.  See Id.  According to Spaine’s financial affidavit, she is currently unemployed, has

less than $200.00 in her checking or savings account, and owns no stocks, bonds, securities, or other

financial instruments.  Spaine owns no real estate and no personal property, with the exception of a

2007 Pontiac valued at $4,000.00, towards which Spain makes monthly payments of $300.00.   Based

on Spaine’s financial affidavit, it appears that the only income she receives is $1,788.00 per month

in social security and disability benefits.  Based on these facts, Spaine’s financial affidavit sets forth

her inability to pay the mandated court fees.

Under 28 U.S.C. § 1915, the Court must look beyond Spaine’s financial status to determine

whether she has a valid claim to proceed.  Section 1915 requires the Court to review the claims of a

plaintiff who seeks to proceed in forma pauperis and dismiss the action if it is frivolous or malicious,

12C5304 Spaine vs. Kane-Richards et al Page 1 of 2
STATEMENT

if it fails to state a claim on which relief may be granted, or if the plaintiff seeks damages from a

defendant who is immune from such relief.  See 28 U.S.C. § 1915(e)(2)(B)(i) (iii); see also Lindell v.

McCallum, 352 F.3d 1107, 1109 (7th Cir. 2003).  Spaine’s Title VII complaint alleges that supervisors

at Community Contracts subjected her to verbal abuse, unfair discipline, and retaliatory dismissal.

Spaine’s Complaint was timely filed, provides Community Contracts with adequate notice of the

charges, and does not appear frivolous or otherwise meritless.    Therefore, Spaine’s Title VII

Complaint is properly before the Court.

However, Spaine’s allegations under the Fair Labor Standards Act (“FLSA”) and the

Americans With Disabilities Act (“ADA”) fail to allege any basis giving rise to a plausible

entitlement to relief.  Spaine states that she earned over $10.00 per hour at Community Contracts, a

wage sufficiently greater than the $7.25 minimum wage set by the U.S. Department of Labor. See 29

U.S.C. § 206.  Furthermore, her claims that the workplace fails to offer certain amenities such as a

reception area or office cleaning service does not state a claim upon which relief may be granted

since the FLSA does not cover such matters. Therefore, her FLSA claim is not properly before the

Court and it is dismissed.  Her ADA claim fails as well because nowhere in her Complaint does

Spaine state what disability she suffers from. Thus, Spaine’s ADA claim is also dismissed.

Plaintiff has also filed a motion for the appointment of counsel.  Plaintiff has no automatic

right to counsel in a civil case.  See Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010); Johnson v.

Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006).    Plaintiff has proven herself able to adequately

represent herself thus far.  The case at the present time does not involve complex discovery or an

evidentiary hearing, and Plaintiff’s current pleadings indicate that she has the presence of mind

and intellectual capability to continue representing herself at this stage of the proceedings.

Therefore, Plaintiff’s Motion for the Appointment of Counsel is denied at this time.    Should the

case proceed to a point that the assistance of counsel is appropriate, the Court may revisit this

request.  For the reasons set forth above, Spaine’s Motion to Proceed In Forma Pauperis is granted on

her Title VII claim.  Here FLSA claim and her ADA claim are dismissed.

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