Spencer
Spencer v. The City of San Diego
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…