Preston

Preston v. Posada

Good Law
United States District Court, Northern District of CaliforniaJanuary 15, 20213:20-cv-06427California1,476 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NATHAN LAMONT PRESTON, Case No. 20-cv-06427-SI

Plaintiff,

ORDER TO SHOW CAUSE RE.

v. STATUTE OF LIMITATIONS

PROBLEM

ALMA POSADA, Re: Dkt. No. 1 Defendant.

12 Nathan Lamont Preston, an inmate currently housed at the R. J. Donovan Correctional Facility in San Diego, filed this pro se civil rights action under 42 U.S.C. § 1983. The complaint is now before the Court for review under 28 U.S.C. § 1915A. 16 BACKGROUND The complaint alleges a claim about an incident that occurred almost twelve years before the complaint was filed, when Preston called the California Employment Development Department (EDD) to file for unemployment benefits in October 2008. He alleges that EDD claims processor Alma Posada answered the call in San Francisco and used a racial slur against him as soon as she recognized he was African-American, said that he did not have a claim, and hung up the phone. Docket No. 1 at…

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