Robinson v. Universal Health Services Inc ( 2019 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 BRITTANY ROBINSON, Case No. 2:19-cv-01530-RFB-BNW 7 Plaintiff, SCREENING ORDER 8 v. 9 UNIVERSAL HEALTH SERVICES, INC., 10 Defendant. 11 12 Pro se plaintiff Brittany Robinson brings this lawsuit regarding a dispute she is having 13 with her former employer. Robinson moves to proceed in forma pauperis. (IFP Application 14 (ECF No. 2).) Robinson submitted the affidavit required by 28 U.S.C. § 1915(a) showing an 15 inability to prepay fees or costs or give security for them. Robinson’s request to proceed in forma 16 pauperis therefore will be granted. The court now screens Robinson’s complaint (ECF No. 2-1) 17 as required by 28 U.S.C. § 1915(e)(2). 18 I. ANALYSIS 19 A. Screening standard 20 Upon granting a request to proceed in forma pauperis, a court must screen the complaint 21 under 28 U.S.C. § 1915(e)(2). In screening the complaint, a court must identify cognizable 22 claims and dismiss claims that are frivolous, malicious, fail to state a claim on which relief may 23 be granted, or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. 24 § 1915(e)(2). Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard 25 for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 26 668 F.3d 1108, 1112 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain 27 sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” 1 and may only dismiss them “if it appears beyond doubt that the plaintiff can prove no set of facts 2 in support of his claim which would entitle him to relief.” Nordstrom v. Ryan, 762 F.3d 903, 908 3 (9th Cir. 2014) (quoting Iqbal, 556 U.S. at 678). 4 In considering whether the complaint is sufficient to state a claim, all allegations of 5 material fact are taken as true and construed in the light most favorable to the plaintiff. Wyler 6 Summit P’ship v. Turner Broad. Sys. Inc., 135 F.3d 658, 661 (9th Cir. 1998) (citation omitted). 7 Although the standard under Rule 12(b)(6) does not require detailed factual allegations, a plaintiff 8 must provide more than mere labels and conclusions. Bell Atlantic Corp. v. Twombly, 550 U.S. 9 544, 555 (2007). A formulaic recitation of the elements of a cause of action is insufficient. Id. 10 Unless it is clear the complaint’s deficiencies could not be cured through amendment, a pro se 11 plaintiff should be given leave to amend the complaint with notice regarding the complaint’s 12 deficiencies. Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995). 13 B. Screening the complaint 14 Robinson’s complaint against Universal Health Services, Inc. alleges “wrongful 15 termination after reporting [her] director to human resources” and demands that she “regain 16 employment status and back pay from termination.” (Compl. (ECF No. 2-1) at 1.) Robinson 17 attaches to her a complaint a Notice of Right to Sue from the United States Equal Employment 18 Opportunity Commission. (Id. at 2-3.) 19 Even liberally construing the complaint, the court finds Robinson does not state a claim 20 against United Health Services. Although Robinson generally states that she was terminated for 21 reporting her director to human resources, she does not include any other factual allegations, such 22 as the name of the director, the reason for the reporting, the date of her termination from the 23 company, or other factual allegations for the court to understand which legal claims she seeks to 24 assert against United Health Services. Without additional factual allegations regarding the 25 underlying dispute, the court cannot evaluate whether Robinson’s complaint states a claim against 26 United Health Services. The court therefore will dismiss Robinson’s complaint without prejudice 27 for her to file an amended complaint. 1 If Plaintiff chooses to file an amended complaint, the document must be titled □□□□□□□□ 2 || Complaint.” The amended complaint must contain a short and plain statement describing the 3 || underlying case and each defendant’s involvement in the case. See Fed. R. Civ. P. 8(a)(2). 4 || Although the Federal Rules of Civil Procedure adopt a flexible pleading standard, Robinson still 5 || must give each defendant fair notice of Robinson’s claims against it and of Robinson’s 6 || entitlement to relief. 7 Additionally, Robinson is advised that if he files an amended complaint, the original 8 || complaint (ECF No. 1-1) no longer serves any function in this case. As such, the amended 9 || complaint must be complete in and of itself without reference to prior pleadings or other 10 || documents. The court cannot refer to a prior pleading or other documents to make Robinson’s 11 || amended complaint complete. 12 || IL CONCLUSION 13 IT IS THEREFORE ORDERED that Robinson’s application to proceed in forma pauperis 14 || (ECF No. 2) is GRANTED. Plaintiff is permitted to maintain this action to conclusion without 15 || prepaying fees or costs or giving security for them. 16 IT IS FURTHER ORDERED that the clerk of court must detach and separately file 17 || Robinson’s complaint (ECF No. 2-1). 18 IT IS FURTHER ORDERED that Robinson’s complaint is dismissed with leave to amend 19 |] to state additional factual allegations. Robinson’s deadline to amend the complaint is December 20 || 13,2019. Robinson is advised that if she does not comply with this order, the undersigned will 21 || recommend to the assigned United States district judge that the case be dismissed. 22 23 DATED: November 13, 2019 24 95 Sr les nek = \ BRENDA WEKSLER 26 UNITED STATES MAGISTRATE JUDGE 27 28