Johnson v. Departments Of The Army And Air Force et al

Filing 21

ORDER signed by Magistrate Judge Dennis L. Beck on 8/20/2009 directing Plaintiff to submit USM-285 Forms re 20 Amended Complaint. (Notice of Submission of Documents Deadline: 9/24/2009). (Attachments: # 1 Notice of Submission of Documents, # 2 Summons)(Lundstrom, T)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 JANETRA A. JOHNSON, 9 10 Plaintiff, 11 v. 12 UNITED STATES AIR FORCE, et al., 13 14 Defendants. 15 16 Plaintiff Janetra A. Johnson ("Plaintiff") is proceeding pro se and informa pauperis in this 17 Title VII action, filed on February 13, 2009. Plaintiff names the United States Air Force, 18 Michael Donley, the Secretary of the Air Force, the California Air National Guard, the Equal 19 Employment Opportunity Commission, Maj. Gen. William H. Wade, Col. Jonathan Flaugher, 20 Col. David Bandini, Col. Mark Groves, Lt.Col. John Cotter, Maj. Raymond Greer, Maj. Jahromi 21 Shahzad, Lt. Michael Yamamoto, CMS Michael L. Hunt, CMS Johnny Leal, SMS Michele 22 Fields, Msg. James Patton and Msg. Shirley Shine. 23 DISCUSSION 24 A. 25 Pursuant to 28 U.S.C. § 1915(e)(2), the court must conduct an initial review of the 26 complaint for sufficiency to state a claim. The court must dismiss a complaint or portion thereof 27 if the court determines that the action is legally "frivolous or malicious," fails to state a claim 28 1 Screening Standard ) 1:09cv0281 LJO DLB ) ) ) ORDER DIRECTING PLAINTIFF ) TO SUBMIT USM-285 FORMS ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT

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upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies of the complaint can be cured by amendment. In reviewing a complaint under this standard, the Court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 (1976), construe the pro se pleadings liberally in the light most favorable to the Plaintiff, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and resolve all doubts in the Plaintiff's favor, Jenkins v. McKeithen, 395 U.S. 411, 421 (1969). B. Plaintiff's Allegations Plaintiff alleges that she was a member of the California Air National Guard and was subject to employment discrimination on the basis of race and disability from 2005 through 2008. 42 U.S.C. § 2000e, et seq. Plaintiff also alleges other state and federal causes of action. It appears that Plaintiff's amended complaint is adequate to state a cause of action. Accordingly, IT IS HEREBY ORDERED that: 1. Service is appropriate for the following Defendants: United States Air Force Michael Donley, the Secretary of the Air Force The California Air National Guard The Equal Employment Opportunity Commission Maj. Gen. William H. Wade Col. Jonathan Flaugher Col. David Bandini Col. Mark Groves Lt.Col. John Cotter Maj. Raymond Greer Maj. Jahromi Shahzad Lt. Michael Yamamoto CMS Michael L. Hunt CMS Johnny Leal SMS Michele Fields Msg. James Patton Msg. Shirley Shine. 2. The Clerk of the Court shall send Plaintiff one USM-285 form, one summons, an instruction sheet and a copy of the amended complaint filed July 23, 2009.

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3.

Within THIRTY (30) DAYS from the date of this Order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the Court with the following documents: a. b. C. One completed summons; One completed USM-285 form for each Defendant; and Seventeen (17) copies of the amended complaint filed on July 23, 2009.

4.

Plaintiff need not attempt service on Defendants and need not request waiver of service. Upon receipt of the above-described documents, the Court will direct the United States Marshal to serve the above-named Defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.

5.

The failure to comply with this Order will result in a Recommendation that this action be dismissed.

IT IS SO ORDERED. Dated: 3b142a

August 20, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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