Pena
Pena v. United States Postal Service
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ISRAEL PENA, Case No. 18-cv-03923-JCS
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS SECOND AMENDED
COMPLAINT
UNITED STATES POSTAL SERVICE, et al., Re: Dkt. No. 42 11 Defendants.
12 I. INTRODUCTION Plaintiff Israel Pena, pro se, asserts that Defendants the United States Postal Service and 14 Postmaster Megan J. Brennan (collectively, “USPS”) discriminated against him based on race, 15 disability, and age. The Court previously dismissed Pena’s first amended complaint for failure to 16 meet deadlines for filing his administrative and judicial claims. USPS moves once again to 17 dismiss Pena’s claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court 18 found the matter suitable for resolution without oral argument and vacated the hearing on USPS’s 19 motion. See Clerk’s Notice (dkt. 45). For the reasons discussed below, USPS’s motion is 20 GRANTED, and this action is DISMISSED WITH PREJUDICE.1 21 II. BACKGROUND …