(PS) Wilt v. Pfizer, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WILT, Case No. 2:24-cv-2058-DJC-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS PFIZER, INC., Defendant. 16 Plaintiff David Wilt alleges in his first amended complaint that defendant Pfizer, Inc.’s third vaccination caused him illness. Since plaintiff has only alleged a state law claim and this court lacks jurisdiction, I recommend that plaintiff’s complaint be dismissed without leave to amend. 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 is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Id. A complaint must contain a short and plain statement that…