McDay v. Lake Ponderay School District #84 et al

Filing 9

MEMORANDUM DECISION AND ORDER. NOW THEREFORE IT IS HEREBY ORDERED, the application for leave to proceed in forma pauperis (docket no. 3) is GRANTED. IT IS FURTHER ORDERED, that the defendant Idaho Department of Labor be dismissed with prejudice. The plaintiff may file an amended complaint within 30 days from the date of this decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JAMES MCDAY,
Plaintiff,

Case No. 2:15-CV-030-BLW

v.

MEMORANDUM DECISION
AND ORDER

LAKE PONDERAY SCHOOL
DISTRICT, CENTER PARTNERS INC.,
IDAHO LABOR DEPARTMENT,
Defendants.

INTRODUCTION
The Court has before it plaintiff McDay’s application to proceed without payment
of fees. For the reasons explained below, the Court will grant the application but will
dismiss some of the claims with prejudice and dismiss other claims without prejudice and
with the right to file an amended complaint.
ANALYSIS
The Court is required to screen complaints brought by litigants who seek in forma
pauperis status. See 28 U.S.C. § 1915(e)(2). The Court is authorized to dismiss “at any
time” a complaint that, among other things, “fails to state a claim on which relief may be
granted” or “seeks monetary relief from a defendant who is immune from such relief.”
See 28 U.S.C. § 1915(e)(2)(B)(ii) & (iii).
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During this initial review, courts generally construe pro se pleadings liberally,
giving pro se plaintiffs the benefit of any doubt. See Resnick v. Hayes, 213 F.3d 443,
447 (9th Cir. 2000). Additionally, if amending the complaint would remedy the
deficiencies, plaintiffs should be notified and provided an opportunity to amend. See
Jackson v. Carey, 353 F.3d 750, 758 (9th Cir. 2003).
In this case, Chief Magistrate Judge Bush wrote a detailed decision finding that
McDay satisfied the conditions for IFP status, but recommending that many of McDay’s
claims be dismissed. See Order (Dkt. No. 8). For some of those claims, Chief Judge
Bush recommended that they be dismissed with leave to amend; for others, he
recommended dismissal without leave to amend. Id. Because he was recommending
dismissal, Chief Judge Bush transferred the case to this Court for final review.
The Court finds Chief Judge Bush’s analysis persuasive, and will adopt it in full as
the analysis of this Court. The Court will not repeat that decision in full here but will
simply incorporate it by reference. By way of summary, the defendant Department of
Labor is immune from suit under the Eleventh Amendment and must be dismissed with
prejudice. See 28 U.S.C. § 1915(e)(2)(B)(iii). With regard to the claims brought under
the Equal Pay Act, Age Discrimination in Employment Act, and Genetic Information
Nondiscrimination Act, the allegations in the complaint fail to state a cause of action and
cannot be cured with any amendment. These claims must be dismissed with prejudice
and without leave to amend. See 28 U.S.C. § 1915(e)(2)(B)(ii).

Memorandum Decision & Order - 2

The remaining claims are brought pursuant to (1) Title VII; (2) procedural due
process; and (3) “state administrative notice rules, and complaint rules and process.”
These claims are deficient for the reasons stated by Chief Judge Bush, but their
deficiencies might be cured by amendment, and so the Court will give McDay an
opportunity to file an amended complaint within thirty days or face dismissal of those
claims.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, the application for leave to
proceed in forma pauperis (docket no. 3) is GRANTED.
IT IS FURTHER ORDERED, that the defendant Idaho Department of Labor be
dismissed with prejudice.
IT IS FURTHER ORDERED, that the following claims be dismissed without
prejudice and with leave to amend: (1) Title VII discrimination claim; (2) Title VII
retaliation claim; (3) procedural due process claim; (4) claim under “state administrative
notice rules, and complaint rules and process.” The plaintiff may file an amended
complaint seeking to cure the deficiencies in these claims identified above. Any
amended complaint must be filed within thirty (30) days from the date of this decision.
If no amended complaint is filed in a timely manner, the Court will dismiss the entire
case without further notice.

Memorandum Decision & Order - 3

IT IS FURTHER ORDERED, that the following claims be dismissed with
prejudice and without leave to amend: (1) Equal Pay Act claim; (2) Age Discrimination
in Employment Act claim; (3) Genetic Information Nondiscrimination Act claim.

DATED: November 18, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order - 4