(PS) Wu v. Dept. of Health and Human Services

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLEY WU, Case No. 2:23-cv-00115-KJM-JDP (PS) Plaintiff, v. ORDER DEPARTMENT OF HEALTH AND

HUMAN SERVICES,

15 Defendant. 16 17 Plaintiff brings this action against the United States Department of Health and Human Services (“HHS”), alleging that the eviction moratorium enacted during the Covid pandemic prevented him from evicting a tenant who had failed to pay his rent. His complaint, however, fails to state a claim. I will give plaintiff a chance to amend his complaint before recommending dismissal. I will also grant his application to proceed in forma pauperis, ECF No. 2, which makes the showing required by 28 U.S.C. §§ 1915(a)(1) and (2). Screening and Pleading Requirements A federal court must screen the complaint of any claimant seeking permission to proceed in forma pauperis. See 28 U.S.C. § 1915(e). The court must identify any cognizable claims and dismiss any portion of the complaint that…