Okoroanyanwu

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 KIZITO OKOROANYWANU, CASE NO. 1:20-CV-0584 AWI SKO

Plaintiff

ORDER ON DEFENDANT’S MOTION

v. TO DISMISS

MV TRANSPORTATION, INC., (Doc. No. 14) Defendant

12 13 This is an employment discrimination case brought by pro se Plaintiff Kizito Okoroanywanu (“Okoroanywanu”) against his former employer, MV Transportation (“MVT”). The active complaint is the Second Amendment Complaint (“SAC”), which contains four claims under 42 U.S.C. § 2000e et seq. (“Title VII”) for disparate impact, hostile work environment, disparate treatment, and retaliation. Currently before the Court is MVT’s Rule 12(b)(6) motion to dismiss. For the reasons that follow, the motion will be granted in part and denied in part. 20 RULE 12(b)(6) FRAMEWORK Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff’s “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). A 24 …