Christopher Smith v. Home Depot

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER SMITH, No. 2:24-cv-1192 DAD AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS HOME DEPOT, Defendant. 16 Plaintiff is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Defendant moves to dismiss the Third Amended Complaint without leave to amend. ECF No. 29. For the reasons set forth below, the undersigned recommends the motion to dismiss be GRANTED and that this case be dismissed without further leave to amend. I. Background This case was removed from Sacramento County Superior Court on April 24, 2024. ECF No. 1. The initial complaint was entitled “Complaint for Damages for Libel,” and alleged that Home Depot had slandered plaintiff by calling him a pimp and a sugar daddy and telling plaintiff’s peers to watch him so that he wouldn’t “rub off” on new coworkers. ECF No. 1 at 13- 27 …