Marsh

Marsh v. Bank of Sierra, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20231:22-cv-00508California478 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

TERRANCE MARSH, ) Case No.: 1:22-cv-0508 JLT CDB ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING v. ) PLAINTIFF’S INTENTIONAL INFLICTION OF ) EMOTIONAL DISTRESS CLAIM WITH BANK OF SIERRA, INC., et al., ) PREJUDICE ) Defendants. ) (Doc. 14) ) )

Terrance Marsh, proceeding pro se and in forma pauperis, initiated this action against Defendants Bank of Sierra, Inc., Margaret Droese, and Karen Mitchell on April 29, 2022. (Doc. 1.) On January 3, 2023, the assigned magistrate judge reviewed the allegations of Plaintiff’s Second Amended Complaint and found Plaintiff “states a potentially cognizable Section 1981 claim,” but failed to state a claim for intentional infliction of emotional distress. (Doc. 14 at 8; see also id. at 6-8.) Therefore, the magistrate judge recommended the claim for intentional infliction of emotional distress be dismissed with prejudice. …

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