DocketNumber： 04-1231
Citation Numbers： 103 F. App'x 921
Judges： Bye, Fagg, Per Curiam, Riley
Filed Date： 7/30/2004
Status： Non-Precedential
Modified Date： 10/19/2024
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-1231 ___________ Billy Roy Tyler, * * Appellant, * Appeal from the United States * District Court for the Southern v. * District of Iowa. * Harrah’s Council Bluffs Casino, * [UNPUBLISHED] * Appellee. * ___________ Submitted: July 30, 2004 Filed: July 30, 2004 ___________ Before BYE, FAGG, and RILEY, Circuit Judges. ___________ PER CURIAM. Billy Roy Tyler appeals the district court’s preservice dismissal without prejudice of Tyler’s complaint for failure to state a claim. Tyler, who is African- American, alleged he appeared at Harrah’s Casino in July 2003 to apply for a job and was told he must apply online; a “glitch in [the] program . . . prevented [him] from applying”; he did not see any African-Americans working at the casino; and he was thus the victim of job discrimination. We grant Tyler leave to appeal in forma pauperis. Having carefully reviewed the record, we conclude preservice dismissal was inappropriate because Tyler’s complaint, liberally construed, satisfied federal pleading requirements by providing Harrah’s Casino notice of Tyler’s claim of race-based discrimination in its employment-application process. See Fed. R. Civ. P. 8(a)(2); Swierkiewicz v. Sorema N.A.,534 U.S. 506
, 514-15 (2002); Smith v. St. Bernards Reg’l Med. Ctr.,19 F.3d 1254
, 1255 (8th Cir. 1994). Accordingly, we reverse the dismissal and remand for further proceedings in accordance with this opinion. ______________________________ -2-