Murphy, Esq. v. Hershey Chocolate Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division SHANNON O. MURPHY, ESQ., SR., Case No. 20-cv-05895-LB
Plaintiff,
ORDER SCREENING COMPLAINT
v. WITH LEAVE TO AMEND
HERSHEY CHOCOLATE Re: ECF No.
CORPORATION,
15 Defendant. 16 INTRODUCTION The plaintiff Shannon O. Murphy, Sr., who represents himself in this action and who is proceeding in forma pauperis, sued Hershey Chocolate Corporation, alleging that he became ill after eating a Hershey’s chocolate bar.1 Before directing the United States Marshal to serve the defendant with the plaintiff’s complaint, the court must screen in for minimal legal viability. 28 U.S.C. § 1915(e)(2)(B). The court dismisses the complaint, with leave to amend, because the plaintiff has not plausibly pleaded a claim, and allows amendment by September 18, 2020 if the plaintiff can cure the complaint’s deficiencies. 25 26 27 1 Compl. – ECF No. 1 at 2–3. Citations refer to material in…