Nemcik

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TANYA NEMCIK, Case No. 19-cv-05667-EMC

8 Plaintiff,

ORDER DISMISSING FIRST

9 v. AMENDED COMPLAINT

10 BRIAN KRIPPENDORF, et al., Docket No. 11 11 Defendants.

12 13 14 Plaintiff Tanya Nemcik, proceeding pro se, initiated this lawsuit in September 2019. Judge 15 Spero granted Ms. Nemcik’s application to proceed in forma pauperis (“IFP”) but recommended 16 that her complaint be dismissed for lack of subject matter jurisdiction. Judge Spero also 17 recommended that Ms. Nemcik be given leave to amend. The Court adopted the report and 18 recommendation and gave Ms. Nemcik an opportunity to file an amended complaint. Ms. Nemcik 19 has now done so, and, because of Ms. Nemcik’s IFP status, the Court now reviews the pleading 20 pursuant to 28 U.S.C. § 1915(e). For the reasons discussed below, the Court concludes that Ms. 21 Nemcik has failed to state a claim for relief and therefore dismisses the first amended complaint. 22 I. …