United States District Court, E.D. California
NAOMI E. MOJADDIDI, Plaintiff,
GUSTAVO DIVENCENZO, et al. Defendants.
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
Naomi E. Mojaddidi, who proceeds in this action without
counsel, has requested leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. (ECF No.
Plaintiff’s application in support of his request to
proceed in forma pauperis makes the showing required
by 28 U.S.C. § 1915. Accordingly, the court grants
plaintiff’s request to proceed in forma
determination that a plaintiff may proceed in forma
pauperis does not complete the required inquiry.
Pursuant to 28 U.S.C. § 1915, 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
case, plaintiff, a former employee of defendant Olive Garden
Italian Restaurant, alleges that defendants engaged in
certain acts of employment discrimination against plaintiff
based on her age, gender, and status as a person with a
disability. (See generally ECF No. 1.) The acts
plaintiff alleges in her complaint include defendants’
use of derogatory and discriminatory comments directed at
plaintiff, the denial of plaintiff’s promotion request,
and, ultimately, the termination of plaintiff’s
employment. (Id. at 1-11.) Based on these
allegations, plaintiff asserts claims under Title VII, the
Age Discrimination in Employment Act, and the Americans with
Disabilities Act. Plaintiff attaches to her complaint a copy
of a right-to-sue notice issued by the U.S. Equal Employment
Opportunity Commission. (Id. at 12-16.)
on the limited record before the court, the court cannot
conclude that plaintiff’s action is frivolous, that the
complaint fails to state a claim upon which relief can be
granted, or that plaintiff seeks monetary relief from an
immune defendant. The court reserves decision as to
plaintiff’s claims until the record is sufficiently
developed, and this order does not preclude defendants from
challenging plaintiff’s complaint through a timely
motion pursuant to Federal Rule of Civil Procedure 12 or
other appropriate method of challenging plaintiff’s
pleading. Accordingly, the court orders service of the
complaint on defendants.
foregoing reasons, IT IS HEREBY ORDERED that:
Plaintiff’s motion to proceed in forma
pauperis (ECF No. 2) is granted.
Service of the complaint is appropriate for defendants
Gustavo Divencenzo, Aquiles Pelayo, Sam Hockett, and Olive
Garden Italian Restaurant.
Clerk of Court is directed to issue forthwith all process
pursuant to Federal Rule of Civil Procedure 4.
Clerk of Court shall send plaintiff one USM-285 form, one
summons, this court’s scheduling order, and the forms
providing notice of the magistrate judge’s availability
to exercise jurisdiction for all purposes.
Plaintiff is advised that to effectuate service, the U.S.
Marshal will require:
a. One completed summons;
b. One completed USM-285 form for each defendant to be
c. A copy of the complaint for each defendant to be served,
with an extra copy for ...