Smith v. Lowe's Stores Inc. et al

Filing 7

ORDERED: Plaintiff is granted to and until 4:45 p.m. on Friday, July 23, 2021, in which to file a second amended complaint that properly pleads diversity jurisdiction. If a second amended complaint, appropriate in form and content, isnot timely filed, this case will be dismissed. Copy mailed to Smith. Signed by Judge Sam E Haddon on 7/15/2021. (HEG)

Doc. 5.

Doc. 4.

See Sause v. Bauer, 138 S. Ct. 2561, 2563 (2018).

See McCabe v. Arave, 827 F.2d 634, 640 n. 6 (9th Cir. 1987) (citing Traguth v. Zuck,
710 F.2d 90, 95 (2d Cir. 1983).
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

BENJAMIN C. SMITH,

vs.

Plaintiff,

No. CV 21-42-H-SEH

ORDER

LOWE'S STORE, INC., a North
Carolina Corporation,
Defendants.

On June 17, 2021, Plaintiff Benjamin C. Smith ("Plaintiff'), proceeding pro

se, filed an Amended Complaint 1 as required by the Court Order of June 4, 2021, 2
which has been screened under 28 U.S.C. §§ 1915(e)(2) and 1915A(a) and read
liberally.3 Reasonable inferences have been made.4

The Court will not treat Plaintiff more favorably than parties with counsel of

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