Gastelum
Gastelum v. Five Below, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FERNANDO GASTELUM, Case No. 1:22-cv-00825-AWI-SAB
Plaintiff, ORDER SCREENING COMPLAINT
v. (ECF No. 1)
FIVE BELOW, INC., DEADLINE: AUGUST 22, 2022 Defendant. 16 17 18 19 Plaintiff Fernando Gastelum (“Plaintiff”) is proceeding pro se1 in this accessibility litigation pursuant to the Americans with Disabilities Act (ADA) and state law against Defendant Five Below, Inc. (“Defendant” or “Five Below”). (ECF No. 1.) The Court issues the following sua sponte screening order pursuant to its independent obligation under Federal Rule of Civil Procedure 12(h)(3) to determine whether it has subject-matter jurisdiction over this matter. For the reasons discussed herein, the Court finds it lacks subject-matter jurisdiction and shall dismiss the complaint with leave to amend. ///
1 The Court notes Plaintiff paid the filing fee for this action on July 5, 2022. I. LEGAL…