Smith v. Spicy Mayo Restaurant
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CANDACE SMITH, Case No. 1:25-cv-00159-KES-HBK Plaintiff, FINDINGS AND RECOMMENDATION TO
DISMISS ACTION
v.
FOURTEEN DAY DEADLINE
SPICY MAYO RESTAURANT, et al., Defendants. 16 Plaintiff, Candace Smith (“Plaintiff” or “Smith”), is proceeding pro se and in forma pauperis on her First Amended Complaint (Doc. No. 5) in this civil action. For the reasons set forth below, the undersigned recommends that the district court dismiss this action without further leave to amend and close this case. SCREENING REQUIREMENT Because Plaintiff is proceeding in forma pauperis, the Court may dismiss a case “at any time” if the Court determines, inter alia, the action is frivolous or malicious, fails to state claim on which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C § 1915(e)(2)(B)(ii)-(iii); see also Lopez v. Smith, 203 F. 3d 1122, 1129 (9th Cir. 2000)…