(PS) Whitsitt v. City of Lodi, California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. WHITSITT, No. 2:18-cv-1964-KJM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CITY OF LODI, et al., Defendants. 16 The court previously dismissed plaintiff’s original complaint with leave to amend pursuant to 28 U.S.C. § 1915(e)(2). He was granted leave to file an amended complaint and has now submitted a first amended complaint. ECF No. 5. However, as discussed below, the first amended complaint fails to remedy the deficiencies of the prior complaint and 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 that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 554, 562-563 (2007) (citing Conley v.…