CALPERS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DON MACALLISTER, No. 2:24-cv-2804-DAD-CKD (PS) Plaintiff, 13 v. ORDER

CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM, Defendant.

17 Plaintiff Don Macallister proceeds without counsel1 on a civil complaint seeking damages and injunctive relief against California Public Employees Retirement System (“CalPERS”). Plaintiff requests to proceed in forma pauperis and makes the showing required by 28 U.S.C. § 1915 in the renewed application. (ECF No. 4.) Plaintiff’s renewed application to proceed in forma pauperis is granted. Plaintiff’s complaint is before the court for screening. (ECF No. 1.) The complaint must be dismissed because it fails to establish the court’s subject matter jurisdiction. If plaintiff cannot establish the court’s subject matter jurisdiction, then this suit belongs in state court. Plaintiff is granted leave to file an amended complaint within 30 days of the date of this order. 27 1 Because plaintiff proceeds…