IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 21, 2012
AMANDA U. AJULUCHUKU, PLAINTIFF,
CHASE BANK, DEFENDANT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS
Plaintiff Amanda U. Ajuluchuku, proceeding in this action without counsel, has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Dkt. No. 2.)*fn1
Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case at any time if it determines that the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant.
In this action, plaintiff alleges that around December 31, 2010, she visited defendant's bank to open a business checking account, but that defendant's staff refused to open an account and chased her out of the bank. (Dkt. No. 1 at 2.) Plaintiff asserts that she was discriminated against on the basis of her race, color, sex, national origin, and physical disability, and alleges claims under numerous federal statutes, including Title VII the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. (Id.)
However, this complaint is virtually identical to the complaint filed on August 21, 2012 in Ajuluchuku v. Chase Bank, No. 12-cv-2173 MCE CKD, Dkt. No. 1. The earlier case also concerns defendant Chase's refusal to open a business checking account for plaintiff around December 31, 2010, and similarly alleges discrimination based on race, color, sex, national origin, and physical disability. (Id.) This action is therefore duplicative of plaintiff's previously-filed action, and the court thus recommends that the action be dismissed on that basis.*fn2
Accordingly IT IS HEREBY RECOMMENDED that:
1. The action be dismissed as duplicative.
2. Plaintiff's request to proceed in forma pauperis (dkt. no. 2) be denied as moot.
3. The Clerk of Court be directed to close this case and vacate all dates.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served on all parties and filed with the court within fourteen (14) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).