Smith v. Mcdonalds Incorporated
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CANDACE SMITH, Case No. 1:24-cv-00204-KES-SAB
Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSING ACTION
v. WITHOUT LEAVE TO AMEND FOR
FAILURE TO STATE A CLAIM
MCDONALDS INCORPORATED, et al., (ECF No. 1) Defendants.
OBJECTIONS DUE WITHIN TWENTY-
ONE DAYS
15 Candace Smith (“Plaintiff”), proceeding pro se and in forma pauperis, filed this action on 16 February 15, 2024. (ECF No. 1.) 17 I.
SCREENING REQUIREMENT
19 Notwithstanding any filing fee, the court shall dismiss a case if at any time the Court 20 determines that the complaint “(i) is frivolous or malicious; (ii) fails to state a claim on which 21 relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from 22 such relief.” 28 U.S.C. § 1915(e)(2); see Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) 23 (section 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners); 24 Calhoun v. Stahl, 254 F.3d 845 (9th Cir. …