Smith v. Kemper Insurance

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CANDACE SMITH, Case No. 1:24-cv-0587 JLT SKO Plaintiff, ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS, DISMISSING

v. THE ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

KEMPER INSURANCE, et al. CLOSE THE CASE Defendants. (Doc. 7) 16 Candace Smith initiated this action by filing a complaint on May 16, 2024, seeking to hold the defendants liable for wrongful acts related to an insurance policy, including breach of an insurance contract and falsification of documents. (See Doc. 1 at 5.) The magistrate judge screened the complaint pursuant to 28 U.S.C. § 1915(e)(2) and found Plaintiff failed to state a cognizable claim. (Doc. 4 at 3-5.) The magistrate judge ordered Plaintiff to file an amended complaint, notify the Court if she wished to stand on the complaint, or file a notice of voluntary dismissal. (Id. at 5.) However, the Postal Service returned the Screening Order as 24 …