AT&T
(PS) Lewis v. AT&T
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERICK JEROME LEWIS, No. 2:20-cv-461-KJM-EFB PS Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
AT&T, INC., et al., Defendants. 16 The court previously granted plaintiff’s application to proceed in forma pauperis, but dismissed his complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2). ECF No. 3. Plaintiff was granted leave to file an amended complaint. He has since filed a first amended complaint (ECF No. 4), as well as another application to proceed in forma pauperis (ECF No. 5). Because plaintiff has already been authorized to proceed in forma pauperis, his recently filed application is denied as unnecessary. Further, it is recommended plaintiff’s first amended complaint be dismissed without further leave to amend, for the reasons set forth below. As previously explained to plaintiff, although pro se pleadings are liberally construed, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), a…