Opinion
2:23-cv-1085-JDW
04-19-2023
MARQUIS BAKER, Plaintiff, v. THE HOME DEPOT, et al., Defendants.
ORDER
JOSHUA D. WOLSON, J.
AND NOW, this 19th day of April, 2023, upon consideration of Plaintiff Marquis Baker's Motion for Leave to Proceed In Forma Pauperis (ECF No. 1), it is ORDERED that the Motion is Granted and the Complaint is deemed filed.
It is FURTHER ORDERED that, for the reasons stated in the accompanying Memorandum, the Complaint is DISMISSED as follows:
1. Mr. Baker's claims under 42 U.S.C. 1983 are DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and
2. Mr. Baker's state law claims are DISMISSED WITHOUT PREJUDICE.
It is FURTHER ORDERED that Mr. Baker's Motion To Appoint Counsel (ECF No. 5) is DENIED AS MOOT.
It is FURTHER ORDERED that Defendants' Motion To Dismiss (ECF No. 6) is DENIED AS MOOT.
The Clerk of Court shall mark this case closed.