Shu
Shu v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID SHU, Case No. 20-cv-06536-HSG
Plaintiff, ORDER DISMISSING FIRST
AMENDED COMPLAINT
v. Re: Dkt. No. 16 UNITED STATES OF AMERICA, et al., Defendants.
12 Plaintiff David Shu, representing himself, has filed a First Amended Complaint against Defendant United States. Dkt. No 16 (“FAC”). The FAC is now before the Court for review under 28 U.S.C. § 1915. I. INTRODUCTION On September 17, 2020, Plaintiff filed a complaint alleging that Defendant United States violated the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671–80, and his former employer, Defendant United States Postal Service (“USPS”), breached its contract with him in violation of 39 U.S.C. § 1208. See Dkt. No. 1. The Court denied Plaintiff’s motion to proceed in forma pauperis, finding Plaintiff had failed to state a claim. See Dkt. No. 10. The Court granted leave to amend only as to the FTCA claim. Id. Plaintiff subsequently filed a First Amended…