Wilson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK A. WILSON, Case No. 3:21-cv-09157-WHO

Plaintiff,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 21 OAKLAND UNIFIED SCHOOL DISTRICT, et al., 11 Defendants.

12 Plaintiff Mark Wilson, who is proceeding pro se, alleges that the Oakland Unified School District (“OUSD”) took unlawful disciplinary action against him when he was employed as a school security guard. OUSD moves to dismiss the claims as barred by statutes of limitations and for failure to exhaust administrative remedies. Its motion is granted with leave to amend. Although the claims are time-barred or were not timely exhausted, Wilson raised facts at the hearing that were not pleaded in his complaint that he believes may toll the statutes of limitations. He may file an amended complaint within 30 days that includes those allegations. He should plead all the facts relevant to why it took him so long to file a charge with the Equal Employment Opportunity Commission (“EEOC”) and file suit. Separately,…