Bernal

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BARBARA BERNAL, ) Case No.: 1:20-cv-0829 - AWI JLT ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS THAT ) PLAINTIFF PROCEED ONLY ON HER CLAIM v. ) FOR A VIOLATION OF TITLE VII ) 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. (See generally Doc.13) For the reasons set forth below, the Court finds Plaintiff has stated a cognizable claim under Title VII, but fails to state a claim for intentional infliction of distress. Thus, the Court recommends the claim for intentional infliction of emotional distress be dismissed without prejudice and that Plaintiff proceed only on her cognizable claim. I. Screening Requirement When a plaintiff proceeds in forma…