(PS) Davis v. ACEF- Martin Folsom LLC.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARON DREVON DAVIS, No. 2:23-cv-03000-DC-SCR Plaintiff, v. FINDINGS AND RECOMMENDATIONS ACEF-MARTIN FOLSOM, LLC, Defendant. 16 17 Plaintiff is proceeding pro se in this action, which was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Plaintiff has been granted leave to proceed in forma pauperis. ECF No. 12. Now before the Court are Plaintiff’s Second Amended Complaint (“SAC) (ECF No. 15), Plaintiff’s motions for immediate judgment and default judgment (ECF Nos. 17 & 20), and Defendant’s renewed motion to dismiss (ECF No. 23). The Court now concludes that the SAC fails to state a claim and recommends dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B) and that all pending motions be denied. I. Background Procedural History On December 11, 2024, the undersigned issued an Order and Findings and Recommendations which screened Plaintiff’s first amended complaint (“FAC”)…