Bernal

Bernal v. United States Postal Service

Good Law
United States District Court, Eastern District of CaliforniaSeptember 1, 20201:20-cv-00829California3,461 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BARBARA BERNAL, ) Case No.: 1:20-cv-0829 - AWI JLT ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) DISMISSING PLAINTIFF’S AMENDED v. ) COMPLAINT WITHOUT LEAVE TO AMEND ) UNITED STATES POSTAL SERVICE, et al., ) Defendants. ) ) )

Barbara Bernal is an employee of the United States Postal Service and asserts she has suffered retaliation in violation of Title VII and intentional infliction of emotional distress in the course of her employment. In addition, she seeks to hold the defendants and unidentified individuals liable for failure to prevent retaliation under Cal. Gov’t Code § 12940. (See generally Doc. 5) For the reasons set forth below, the Court recommends Plaintiff’s Second Amended Complaint be DISMISSED without leave to amend. I. Screening Requirement When a plaintiff proceeds in forma pauperis, the Court is required to review the complaint, and shall dismiss the…

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