(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-0115-KJM-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS DEPARTMENT OF HEALTH AND

HUMAN SERVICES,

15 Defendant. 16 Charley Wu (“plaintiff”) brings this action against the Department of Health and Human Services and Robert Redfield and Rochelle Walensky, both former directors of the Center for Disease Control. ECF No. 4 at 1. He advances numerous legal theories, essentially claiming that the federal government violated his rights by instituting a moratorium on eviction during the Covid-19 pandemic. This moratorium allegedly saddled him for a time with a problematic tenant whom he could not evict. I find, for the reasons stated below, that plaintiff has failed to state a cognizable claim, and, having granted leave to amend once already, I now recommend that this action be dismissed. Screening and Pleading Requirements A federal court must screen the complaint of any…