(PS) Bergum v. Sacramento County DHHS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRISTY BERGUM, No. 2:19-cv-58-TLN-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY DHHS

CHILD PROTECTIVE SERVICES;

SUPERIOR COURT OF THE STATE OF

CALIFORNIA; PARENT ADVOCATES

OF SACRAMENTO, Defendants. 18 The court previously dismissed plaintiff’s original complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2). ECF No. 6. Plaintiff was granted leave to file an amended complaint, and she has since filed a first amended complaint. As discussed below, the first amended complaint fails to state a claim, and it too must be dismissed. 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.…