(PS) Halousek v. CA Public Employees' Retirement System

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHEILA HALOUSEK, Case No. 2:23-cv-839-KJM-CSK Plaintiff, ORDER DISMISSING WITHOUT

PREJUDICE AND GRANTING LEAVE TO

v. AMEND, AND RECOMMENDATIONS TO

GRANT MOTION TO DISMISS IN PART

CALIFORNIA PUBLIC EMPLOYEES’ AND DENY IN PART RETIREMENT SYSTEM, et al., (ECF No. 11) Defendants. 16 Plaintiff Shiela Halousek, who is proceeding in forma pauperis, asserts claims against Defendant California Public Employees’ Retirement System (“CalPERS”) and the State of California related to her pension payments.1 (ECF No. 1.) Defendant CalPERS now moves to dismiss this case for lack of subject matter jurisdiction and as barred by the doctrine of claim preclusion. (ECF No. 11.) For the reasons that follow, the Court DISMISSES without prejudice the 42 U.S.C. § 1983 claim against CalPERS and the State of California, GRANTS Plaintiff leave to file an amended complaint, and RECOMMENDS that Defendant’s motion be…