Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ivanitch v. Citizen's Voice

United States District Court, M.D. Pennsylvania

June 4, 2019

HOLLY IVANITCH, Plaintiff,
v.
CITIZEN'S VOICE, Defendant.

          Mariani, Judge.

          REPORT AND RECOMMENDATION

          Susan E. Schwab, United States Magistrate Judge.

         I. Introduction.

         After 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 case.

         II. Factual Background and Procedural History.

         Ivanitch, 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.

         The 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.

         The 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.

         III. Discussion.

         A. Screening of in forma pauperis complaints standard of review.

         28 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.