1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

DOMITILA PELAEZ RALON,

7 Case No. 23-cv-03344-JCS Plaintiff, 8 ORDER GRANTING IN FORMA v. PAUPERIS APPLICATION; DENYING 9 WITHOUT PREJUDICE MOTION FOR

KAISER PERMANENTE HOSPITAL, APPOINTMENT OF COUNSEL

10 Defendant. ORDER TO SHOW CAUSE WHY 11 CASE SHOULD NOT BE DISMISSED

PURSUANT TO 28 U.S.C. § 1915

12

13 Dkt. nos. 2, 3 14

15 I. INTRODUCTION 16 Plaintiff, pro se, has applied to proceed in forma pauperis. Dkt. no. 2. The Court finds that 17 Plaintiff is indigent and therefore GRANTS her application. The Court DENIES Plaintiff’s 18 request for appointment of counsel without prejudice. Dkt. no. 3. Litigants in civil cases do not 19 have a right to appointed representation, and the resources available to appoint counsel in such 20 cases are limited. At this early stage of the case, Plaintiff has not shown that this case warrants 21 appointment of counsel. Plaintiff may renew her request at a later stage of the case. 22 Having granted Plaintiff’s request to proceed in forma pauperis, the Court now reviews the 23 sufficiency of Plaintiff’s complaint to determine whether it satisfies 28 U.S.C. § 1915(e)(2)(B). 24 Because the complaint does not appear to plausibly state a claim, Plaintiff is ORDERED TO 25 SHOW CAUSE why the complaint should not be dismissed. Plaintiff may file either an amended 26 complaint or a response to this order addressing why her complaint is sufficient, no later than 27 August 9, 2023. 1 II. ALLEGATIONS OF THE COMPLAINT 2 Plaintiff has filed a form complaint in which she asserts a claim for violation of Title VI of 3 the Civil Rights Act of 1964. In the Complaint, she alleges that she went to Kaiser Permanente 4 Hospital in San Rafael, California for a scheduled surgery and that “without [c]ause nor reason or 5 explanation [she] was EXPELLED with [her] Authorized Representative Mr. Selomi M. 6 Villalta[.]” Compl. at 4. According to Plaintiff, they “both got kicked out from the Waiting Room, 7 the building and property to the street by Kaiser Permanente personnel.” Id. 8 III. ANALYSIS 9 A. Legal Standards Under 28 U.S.C. § 1915 and Rule 12(b)(6) 10 Where a plaintiff is found to be indigent under 28 U.S.C. § 1915(a)(1) and is granted leave 11 to proceed in forma pauperis, courts must engage in screening and dismiss any claims which: (1) 12 are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek 13 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see 14 Marks v. Solcum, 98 F.3d 494, 495 (9th Cir. 1996). 15 To state a claim for relief, a plaintiff must make “a short and plain statement of the claim 16 showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Further, a claim may be 17 dismissed for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6); 18 see also Diaz v. Int’l Longshore and Warehouse Union, Local 13, 474 F.3d 1202, 1205 (9th Cir. 19 2007). In determining whether a plaintiff fails to state a claim, the court takes “all allegations of 20 material fact in the complaint as true and construe[s] them in the light most favorable to the non- 21 moving party.” Cedars-Sinai Med. Ctr. v. Nat’l League of Postmasters of U.S., 497 F.3d 972, 975 22 (9th Cir. 2007). However, “the tenet that a court must accept a complaint’s allegations as true is 23 inapplicable to legal conclusions [and] mere conclusory statements,” Ashcroft v. Iqbal, 556 U.S. 24 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)), and courts “do not 25 necessarily assume the truth of legal conclusions merely because they are cast in the form of 26 factual allegations.” Coto Settlement v. Eisenberg, 593 F.3d 1031, 1034 (9th Cir. 2010) (internal 27 quotation marks omitted). The complaint need not contain “detailed factual allegations,” but must 1 Twombly, 550 U.S. at 570). 2 Where the complaint has been filed by a pro se plaintiff, courts must “construe the 3 pleadings liberally . . . to afford the petitioner the benefit of any doubt.” Hebbe v. Pliler, 627 F.3d 4 338, 342 (9th Cir. 2010). “A pro se litigant must be given leave to amend his or her complaint 5 unless it is absolutely clear that the deficiencies in the complaint could not be cured by 6 amendment.” Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987), superseded on other grounds 7 by statute, as recognized in Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000) (en banc). Further, 8 when it dismisses the complaint of a pro se litigant with leave to amend, “the district court must 9 provide the litigant with notice of the deficiencies in his complaint in order to ensure that the 10 litigant uses the opportunity to amend effectively.” Id. (quoting Ferdik v. Bonzelet, 963 F.2d 11 1258, 1261 (9th Cir. 1992)). “Without the benefit of a statement of deficiencies, the pro se litigant 12 will likely repeat previous errors.” Karim-Panahi v. L.A. Police Dep’t, 839 F.2d 621, 624 (9th 13 Cir. 1988) (quoting Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987)). 14 B. Discussion 15 To state a claim for Title VI discrimination, a plaintiff must allege that they were 16 “subjected to discrimination” due to “race, color, or national origin,” by a “program or activity 17 receiving Federal financial assistance.” 42 U.S.C. § 2000d. “Private parties seeking judicial 18 enforcement of Title VI's nondiscrimination protections must prove intentional discrimination.” Yu 19 v. Idaho State Univ., 15 F.4th 1236, 1242 (9th Cir. 2021) (citing Alexander v. Sandoval, 532 U.S. 20 275, 280–81 (2001)).” In addition, a plaintiff seeking to assert a Title VI claim must allege that 21 the defendant is receiving federal funding. Fobbs v. Holy Cross Health Sys. Corp., 29 F.3d 1439, 22 1447 (9th Cir.1994), overruled in part on other grounds by Daviton v. Columbia/HCA Healthcare 23 Corp., 241 F.3d 1131 (9th Cir.2001). 24 Plaintiff here does not allege that she was expelled from the hospital as a result of 25 intentional discrimination based on her race, color or national origin. Nor does she allege that 26 Kaiser Permanente Hospital in San Rafael, California, is a recipient of federal finding. Therefore, 27 she has failed to state a claim for violation of Title VI. 1 IV. CONCLUSION 2 For the reasons discussed above, Plaintiffs application to proceed in forma pauperis is 3 GRANTED and her motion for appointment of counsel is DENIED. Further, Plaintiff is 4 ORDERED TO SHOW CAUSE why this case should not be dismissed. Plaintiff may respond by 5 filing either an amended complaint that addresses the deficiencies discussed above or a response 6 || that addresses why her current complaint is sufficient. Plaintiffs response shall be filed by 7 August 9, 2023. If Plaintiff does not file a response by that date, the case will be reassigned to a 8 United States district judge with a recommendation that it be dismissed pursuant to 28 U.S.C. § 9 1915(e)(2)(B). 10 Any amended complaint must include the caption and civil case number used in this order 11 (C-23-3344) and the words FIRST AMENDED COMPLAINT on the first page. Because an 12 amended complaint completely replaces the previous complaint, any amended complaint may not 13 incorporate claims or allegations of Plaintiff's original complaint by reference, but instead must 14 || include all of the facts and claims Plaintiff wishes to present and all of the defendants he wishes to 3 15 sue. a 16 Plaintiff, who is not represented by counsel, is encouraged to consult with the Federal Pro 3 17 || Bono Project’s Legal Help Center in either of the Oakland or San Francisco federal courthouses 18 for assistance. The San Francisco Legal Help Center office is located in Room 2796 on the 15th 19 floor at 450 Golden Gate Avenue, San Francisco, CA 94102. The Oakland office is located in 20 || Room 470S on the 4th floor at 1301 Clay Street, Oakland, CA 94612. Appointments can be made 21 by calling (415) 782-8982 or emailing federalprobonoproject@ sfbar.org. Lawyers at the Legal 22 || Help Center can provide basic assistance to parties representing themselves but cannot provide 23 legal representation. 24 IT IS SO ORDERED. 25 Dated: July 20, 2023 26 5 ZL c EE

J PH C. SPERO

27 nited States Magistrate Judge 28