CALPERS
(PS) Macallister v. CALPERS
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DON MACALLISTER, No. 2:24-cv-2804-DAD-CKD (PS) Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS
CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM, Defendant.
17 Plaintiff Don Macallister proceeds pro se and in forma pauperis1 and seeks damages and injunctive relief against California Public Employees Retirement System (“CalPERS”). Plaintiff’s second amended complaint (“SAC”) is before the court for screening. (ECF No. 8.) The SAC fails to state a claim for relief and should be dismissed without further leave to amend. I. SCREENING REQUIREMENT Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1126-27 27 1 Because plaintiff…