(PS) Wolpert v. Disney ABC Broadcasting Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ALEXANDER WOLPERT, No. 2:18-cv-299-KJM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS DISNEY ABC BROADCASTING
CORPORATION, NBC CORPORATION,
15 Defendants.
17 The court previously granted plaintiff’s application to proceed in forma pauperis, but 18 dismissed his complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2). ECF No. 19 13. Plaintiff was granted leave to file an amended complaint. Shortly after filing a first amended 20 complaint, plaintiff filed a document styled as “Addendum: Amended Complaint,” which the 21 court construes as a second amended complaint. ECF No. 18. As discussed below, the second 22 amended complaint also fails to state a claim and must be dismissed. 23 As previously explained to plaintiff, although pro se pleadings are liberally construed, see 24 Haines v. Kerner, 404 U.S. 519, 520-21 (1972), a complaint, or portion thereof, should be 25 dismissed for failure to state a claim if it fails to set forth “enough facts to state…