Calip v. Oakland Unified School District et al

Filing 4

ORDER denying without prejudice 2 MOTION for Leave to Proceed in forma pauperis filed by Tajai Calip; Order dismissing with leave to amend 1 Complaint filed by Tajai Calip. Responses due by 3/31/2015. Signed by Judge Kandis A. Westmore on 3/3/2015. (kawlc1, COURT STAFF) (Filed on 3/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAJAI CALIP,

Case No. 15-cv-00877-KAW

Plaintiff,
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v.
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United States District Court
Northern District of California

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OAKLAND UNIFIED SCHOOL
DISTRICT, et al.,
Defendants.

ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS
WITHOUT PREJUDICE; ORDER
DISMISSING COMPLAINT WITH LEAVE
TO AMEND
Re: Dkt. Nos. 1 & 2

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The Court has received Plaintiff Tajai Calip's complaint and application to proceed in

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forma pauperis (IFP), both filed on February 26, 2015. The Court may authorize a plaintiff to file

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an action in federal court without prepayment of fees or security if the plaintiff submits an

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affidavit showing that he or she is unable to pay such fees or give security therefor. 28 U.S.C. §

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1915(a). The in forma pauperis statute also provides that the Court shall dismiss the case if at any

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time the Court determines that the allegation of poverty is untrue, or that the action (1) is frivolous

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or malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief

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against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

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Plaintiff’s IFP application, however, is incomplete as filed, as she has not fully answered

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question numbers 1 and 7. Specifically, Plaintiff must provide her last date of employment and

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her current bank account balance. Plaintiff may resubmit an amended IFP application that is

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completed in full by March 31, 2015 or pay the filing fee.

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While Plaintiff appears to allege that she was wrongfully terminated from her position as a

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paraprofessional at Oakland Unified School District on the basis of her gender, in violation of

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Title VII, she does not provide any details of the events that led to her termination. Additionally,

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Plaintiff’s termination occurred on January 20, 2010, which was more than four years prior to the

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filing of this action, and is, therefore, likely barred by the statute of limitations. (See Compl., Dkt.

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No. 1 ¶ 8.) Lastly, Plaintiff does not allege that she exhausted her administrative remedies prior to

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filing this lawsuit. Thus, Plaintiff has failed to set forth “a short and plain statement of the claim

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showing that the pleader is entitled to relief” as required by Rule 8 of the Federal Rules of Civil

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Procedure. Accordingly, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court hereby

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dismisses Plaintiff's complaint with leave to amend. Plaintiff shall file an amended complaint no

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later than March 31, 2015. Failure to timely file a first amended complaint may result in the case

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being dismissed with prejudice.

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To aid in her compliance with this order, Plaintiff may wish to consult a manual the court
has adopted to assist pro se litigants in presenting their case. This manual, and other free

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United States District Court
Northern District of California

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information, is available online at: http://cand.uscourts.gov/proselitigants. Plaintiff may also

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contact the Federal Pro Bono Project’s Help Desk—a free service for pro se litigants— by calling

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[phone] to make an appointment to have any remaining questions answered.

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IT IS SO ORDERED.
Dated: March 3, 2015
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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