Villegas v. City of Sacramento

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 3/3/15 GRANTING 4 Motion to Proceed IFP re 5 Minute Order. IT IS HEREBY ORDERED that the clerk of this court shall refund plaintiff's $400 filing fee. (cc: Financial). (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID VILLEGAS,

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No. 2:14-cv-02703-MCE-AC

Plaintiff,
v.

ORDER

CITY OF SACRAMENTO,
Defendant.

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Plaintiff seeks to proceed as a military veteran and be reimbursed his $400 filing fee

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pursuant to the Uniformed Services Employment and Reemployment Rights Act (“USERRA”),

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38 U.S.C. § 4323(h)(1). This motion was referred to the undersigned by Chief District Judge,

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Morrison C. England, Jr. on November 20, 2014. ECF No. 5. The USERRA provides that “[n]o

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fees or court costs may be charged or taxed against any person claiming rights under” the

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USERRA. 38 U.S.C. § 4323(h)(1). Congress enacted the USERRA to end employment

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discrimination on the basis of membership in the armed forces. Townsend v. Univ. of Alaska,

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543 F.3d 478, 482 (9th Cir. 2008). “‘Because USERRA was enacted to protect the rights of

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veterans and members of the uniformed services, it must be broadly construed in favor of its

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military beneficiaries.’” Montoya v. Orange Cnty. Sheriff’s Dep't, 987 F. Supp. 2d 981, 1009

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(C.D. Cal. 2013) (quoting Francis v. Booz, Allen & Hamilton, Inc., 452 F.3d 299, 303 (4th Cir.

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2006)). Accordingly, in order to qualify for the reimbursement of filing fees under the USERRA
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a plaintiff pursuing a claim under the act simply must allege that he is a member of the armed

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forces. Davis v. Advocate Health Ctr. Patient Care Exp., 523 F.3d 681, 684 (7th Cir. 2008).

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Plaintiff’s complaint alleges that defendant discriminated against him based on his status

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as a military veteran in violation of the USERRA, 38 U.S.C. § 4312. ECF No. 1 at 4–5. Plaintiff

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also alleges that he is a veteran of the United States Armed Forces. ECF No. 4 at 3. Accordingly,

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plaintiff’s request to proceed as a military veteran under the USERRA will be granted. Because

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plaintiff has already paid his filing fee to proceed in this court, IT IS HEREBY ORDERED that

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the clerk of this court shall refund plaintiff’s $400 filing fee.

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DATED: March 3, 2015

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