Gueye

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 MADIABEL GUEYE, Case No. 22-cv-08904-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. 6 Re: Dkt. No. 29 WELLS FARGO BANK, et al., Defendants.

9 Plaintiff, proceeding without the assistance of a lawyer, brings this lawsuit against Wells Fargo Bank, N.A. and Chris Potts (a Wells Fargo employee), for (1) a violation of 42 U.S.C. § 1981 and (2) intentional infliction of emotional distress. Defendants move to dismiss. Plaintiff has not filed an opposition, and the time to do so has expired. After carefully considering the arguments and briefing Wells Fargo submitted, the Court concludes oral argument is unnecessary, see Civ. L.R. 7-1(b), and GRANTS Defendants’ motion to dismiss. The face of Plaintiff’s complaint establishes that his claims are barred by the statute-of-limitations. However, Plaintiff may be able to allege that actionable conduct occurred during the two years preceding the filing of his lawsuit, so he is granted leave to file an amended complaint. If Plaintiff…