Baker v. Maverick Country Store Incorporated

Filing 6

ORDER that pursuant to 28 U.S.C. § 1915(e)(2) Plaintiff's Amended Complaint (Doc. 5) is dismissed without prejudice for failure to comply with Rule 8. The Clerk of the Court is directed to terminate this action. Signed by Judge G Murray Snow on 8/8/2011. (KMG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Cathy Jayne Baker, 9 Plaintiff, 10 vs. 11 12 Maverick Country Store Inc., Defendant. 13 ) ) ) ) ) ) ) ) ) ) ) No. CV-11-8092-PCT-GMS ORDER 14 15 Pursuant to the Court’s Order (Doc. 4) and 28 U.S.C. § 1915(e)(2), the Court has 16 screened Plaintiff’s Amended Complaint (Doc. 5). Pursuant to that screening Plaintiff’s 17 Amended Complaint is dismissed. 18 I. Plaintiff’s Complaint 19 Plaintiff’s amended complaint again falls short of satisfying the requirements of Rule 20 8. It does not allege a legal basis for this Court to exercise jurisdiction over this lawsuit. To 21 the extent that Plaintiff seeks to bring a claim for sex discrimination under Title VII, Plaintiff 22 must first exhaust the procedure available to make her claim with the Equal Employment 23 Opportunity Commission. Plaintiff has failed to certify that she has exhausted that 24 procedure. Sommatino v. U.S., 255 F.3d 704 (9th Cir. 2001). She has not established, 25 therefore, that this Court has jurisdiction over her claim. Further, Plaintiff has failed to set 26 forth facts sufficient to allege a prima facie Title VII case against her employer. 27 /// 28 /// 1 II. Dismissal without Leave to Amend 2 Because Plaintiff has failed to state a claim in her Amended Complaint, the Court will 3 dismiss the Amended Complaint. “Leave to amend need not be given if a complaint, as 4 amended, is subject to dismissal.” Moore v. Kayport Package Express, Inc., 885 F.2d 531, 5 538 (9th Cir. 1989). The Court’s discretion to deny leave to amend is particularly broad 6 where Plaintiff has previously been permitted to amend her complaint. Sisseton-Wahpeton 7 Sioux Tribe v. United States, 90 F.3d 351, 355 (9th Ci. 1996). Repeated failure to cure 8 deficiencies is one of the factors to be considered in deciding whether justice requires 9 granting leave to amend. Moore, 885 F.2d at 538. 10 The Court finds that further amendment of Plaintiff’s claims would be futile. 11 Therefore, the Court, in its discretion, will dismiss Plaintiff’s Amended Complaint without 12 leave to amend. 13 IT IS HEREBY ORDERED that pursuant to 28 U.S.C. § 1915(e)(2) Plaintiff’s 14 Amended Complaint (Doc. 5) is dismissed without prejudice for failure to comply with Rule 15 8. The Clerk of the Court is directed to terminate this action. 16 DATED this 8th day of August, 2011. 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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