Baidan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OREST BAIDAN, Case No. 24-cv-03865-SI

Plaintiff,

ORDER DISMISSING AMENDED

v. COMPLAINT WITHOUT LEAVE TO

AMEND

RAFAEL PADILLA,

Defendant.

Plaintiff Orest Baidan is representing himself. Baidan filed this lawsuit against Rafael Padilla alleging that Padilla discriminated against him on the basis of disability in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Because Baidan is proceeding in forma pauperis, the Court screened the initial complaint pursuant to 18 U.S.C. § 1915(e)(2)(B), which requires the Court to dismiss a complaint if the plaintiff “fails to state a claim upon which relief may be granted.” In an order filed July 8, 2024, the Court dismissed the complaint because (1) Baidan sought monetary damages from Padilla, but Title III of the ADA only provides for injunctive relief; and (2) to the extent that Baidan claims that Padilla, who is a therapist,…