IN THE UNITED STATES DISTRICT COURT May 22, 2023 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION SHARON YASIN, § § Plaintiff, § § v. § CIVIL CASE NO. H-23-1050 § MV TRANSPORTATION and JORGE § GONZALEZ, § § Defendants. § ORDER Sharon Yasin sued the defendants in state court for violations of the Americans with Disabilities Act,

et seq. The defendants removed the case to this court, (Docket Entry No. 1), and have moved to dismiss the complaint for failure to state a claim. (Docket Entry No. 2). Yasin has not responded to the motion. Yasin’s complaint alleges, as its factual basis, only that “MV Transportation denied me service” and that “Jorge Gonzale[z] fraudulently created [f]alse statements and documents to intentionally disqualify Plaintiff from utilizing MV Transportation Paratransit Service.” (Docket Entry No. 1-1 at 9 ¶¶ 1–2). While the Federal Rules ask for a “short and plain statement of the claim showing that the pleader is entitled to relief,” FED. R. CIV. P. 8(a)(2), a complaint must be “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal,

(2009). A claim must contain a plausible claim for relief, meaning allegations “that allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

(quoting Bell Atl. Corp. v. Twombly,

(2007)). Yasin’s complaint does not pass this bar, omitting essential elements of an ADA claim. She fails to allege, for example, that she is a qualified individual under the ADA. Neely v. PSEG Tex., L.P.,

(Sth Cir. 2013). The court grants the motion to dismiss. (Docket Entry No. 2). Yasin must file an amended complaint by June 30, 2023. Failure to file an amended complaint will result in dismissal with prejudice. SIGNED on May 22, 2023, at Houston, Texas.

LW CnrTeo Lee H. Rosenthal United States District Judge