(PS) Sheetmetal & Assoc. v. Federal Express Corp.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SHEETMETAL & ASSOCIATES, No. 2:19-cv-2154-TLN-EFB PS Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

FEDERAL EXPRESS CORPORATION, Defendant. 15 This case is before the court on defendant’s motion to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) (ECF No. 6) and plaintiff’s motion for leave to amend his complaint (ECF No. 14). Also pending is the court’s January 2, 2020 order directing plaintiff to show cause why sanctions should not be imposed for failure to timely file an opposition or statement of non-opposition to defendant’s motion. ECF No. 11. For the following reasons, the order to show cause is discharged without the imposition of sanctions, and it is recommended defendant’s motion to dismiss be granted and plaintiff’s motion to amend be denied.

This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to…