(PS) Shackelford v. Virtu Investments

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAWNE C. SHACKELFORD, No. 2:16-cv-1601-TLN-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS VIRTU INVESTMENTS, LLC., Defendant. 16 The court previously granted plaintiff’s request to proceed in forma pauperis, but dismissed her first amended complaint1 with leave to amend pursuant to 28 U.S.C. 1915(e)(2).2 ECF No. 3. After receiving an extension of time (ECF No. 6), plaintiff filed a second amended complaint (ECF No. 8). As explained below, the second amended complaint must also be dismissed for failure to state a claim. As previously explained to plaintiff, although pro se pleadings are liberally construed, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), a complaint, or portion thereof, should be dismissed for failure to state a claim if it fails to set forth “enough facts to state a claim to relief

Prior to screening the original complaint, plaintiff filed a first amended complaint pursuant to Federal…