Yee

(PS) Ashford v. Yee

Good Law
United States District Court, Eastern District of CaliforniaFebruary 5, 20212:19-cv-02358California1,030 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BURK N. ASHFORD, Case No. 2:19-cv-02358-KJM-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS FOR FAILURE TO STATE A

v. CLAIM BETTY T. YEE, et al., OBJECTIONS DUE WITHIN 14 DAYS Defendants. ECF No. 13 16 On May 13, 2020, the court found that plaintiff’s complaint failed to state a claim, but allowed plaintiff the opportunity to file an amended complaint. ECF No. 12. Plaintiff’s first amended complaint, ECF No. 13, is now before me for screening, see 28 U.S.C. § 1915(e)(2). Plaintiff claims that his Social Security deposits—placed into his account with defendant Comerica Bank—were not given to him at his request. ECF No. 13 at 2. The amended complaint remains defective, and I recommend that the court dismiss it. Background In approximately March 2011, when plaintiff was taken into custody, he had an account with money in it, which was capable of…

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