United States District Court, M.D. Pennsylvania
REPORT AND RECOMMENDATION
E. Schwab, United States Magistrate Judge.
reviewing the complaint, we concluded that it fails to state
a claim upon which relief may be granted. We granted the
plaintiff, Holly Ivanitch, leave to file an amended
complaint, but Ivanitch failed to do so. Thus, we now
recommend that the Court dismiss the complaint and close the
Factual Background and Procedural History.
proceeding pro se, commenced this case by filing a
complaint and a motion for leave to proceed in forma
pauperis. She filed the complaint on January 28, 2019,
against Citizen's Voice. Doc. 1 at 1. Ivanitch
alleges Citizen's Voice violated the Equal Pay Act and
Title VII. Id. at 2. She also attached an EEOC
Dismissal Notice, in which the EEOC determined that based on
the information before it, it was unable to conclude that
there was a statutory violation. Id. at 3.
narrative portion of Ivanitch's complaint is two
sentences in length. Id. at 2. The statement in its
entirety reads “Employer withheld wages/tips violating
the Equal Pay Act. Also employer violated [title VII] due to
sexual harassment regarding his wife.” Id.
Ivanitch seeks monetary relief for lost wages, tips, other
job opportunities, and mental anguish. Id. Based on
the scant details and ambiguous use of pronouns, the
allegations appear to be that Ivanitch was an employee of
Citizen's Voice and during that employment, she was
discriminated against regarding wages and sexual harassment
occurred to either Ivanitch's or someone else's wife.
court granted Ivanitch's motion to proceed in forma
pauperis on February 4, 2019. By order dated April 5,
2019, we found that Ivanitch's complaint failed to state
a claim upon which relief may be granted, and we granted
Ivanitch leave to file an amended complaint within thirty
days. Ivanitch has not filed an amended complaint.
Screening of in forma pauperis complaints standard
U.S.C. § 1915(e)(2) provides:
(2) Notwithstanding any filing fee, or any portion thereof,
that may have been paid, the court shall dismiss the case at
any time if the court determines that-
(A) the allegation of poverty is ...