Malloy

Malloy v. City of San Francisco

Good Law
United States District Court, Northern District of CaliforniaSeptember 26, 20224:20-cv-07312California2,140 words

Opinion

Trial Court Opinion

I. BACKGROUND

13 The procedural history of this and the related action is set forth in detail in prior orders. 14 See Dkt. 39. As is pertinent here, Plaintiff Stephen Grove Malloy (“Plaintiff”), proceeding pro 15 se, first filed in this Court the related employment discrimination action. Case No. 19-cv- 16 07995 (“Malloy I”). The assigned Magistrate Judge granted Plaintiff’s application to proceed 17 in forma pauperis. Thereafter, Plaintiff filed this seemingly identical action in the Superior 18 Court of the State of California, County of San Francisco. Case No. 20-cv-07321 (“Malloy 19 II”). The defendants appeared, removed the action to this Court, and filed a motion to dismiss 20 the Complaint. The two actions were then related. On August 18, 2021, an order issued that, among other things: (1) dismissed Malloy I as duplicative; and (2) granted the defendants’ motion to dismiss the Complaint in Malloy II. Dkt. 39. Plaintiff was directed to file an amended complaint within 30 days. Shortly thereafter, on August 20, 2021, Plaintiff sought a 6-month continuance on the ground that his medical provider had “temporarily disabled him from work[,]…

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