Spencer

Spencer v. The City of San Diego

Good Law
United States District Court, Southern District of CaliforniaNovember 14, 20233:23-cv-00771California2,227 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MELVIN SPENCER, Case No.: 23-cv-771-GPC-BLM ORDER SUA SPONTE DISMISSING Plaintiff,

COMPLAINT FOR FAILURE TO

13 v. STATE A CLAIM; ORDER DENYING REQUEST TO PROCEED

THE CITY OF SAN DIEGO,

IN FORMA PAUPERIS

Defendant. [ECF Nos. 8-9]

17 Pro Se Plaintiff Melvin Spencer sued Defendant the City of San Diego, his 18 employer, for racial discrimination, nepotism, favoritism, and slander on April 27, 2023. 19 ECF No. 1. In response to the Court’s order sua sponte dismissing, for the second time, 20 Plaintiff’s complaint for failure to state a claim, ECF Nos. 4, 7, Plaintiff timely filed a 21 second amended complaint (“SAC”) on August 14, 2023. ECF No. 8. Based on the 22 23 reasoning below, the Court sua sponte DISMISSES the SAC for failure to state a claim and grants Plaintiff leave to amend.

25 26 27 28 Background The facts alleged in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.