(PS)Murphy
(PS)Murphy v. Allstate Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHANNON O. MURPHY, SR., Case No. 2:20-cv-00753-KJM-JDP Plaintiff, SCREENING ORDER v. FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF’S FIRST AMENDED
ALLSTATE INSURANCE COMPANY, COMPLAINT BE DISMISSED FOR
FAILURE TO STATE A CLAIM WITHOUT
Defendant. LEAVE TO AMEND ECF No. 9 OBJECTIONS DUE WITHIN FOURTEEN
DAYS
18 Plaintiff originally filed this action against Allstate Insurance Company, alleging that defendant had failed to pay benefits in accordance with his insurance policy. That complaint did not establish subject matter jurisdiction and failed to state a claim, but plaintiff was given leave to amend. ECF No. 6. Plaintiff’s first amended complaint, ECF No. 9, is before the court for screening under 28 U.S.C. § 1915(e)(2). Plaintiff’s first amended complaint also fails to state a claim upon which relief can be granted, and I recommend that it be…