(PC) Spearman v. Sam Berri Towing

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD EDWARD SPEARMAN, No. 2:21-CV-1214-WBS-DMC-P Plaintiff, v. ORDER SAM BERRI TOWING, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. On September 8, 2021, the Court issued findings and recommendations that this action be dismissed for failure to state a claim. See ECF No. 9. The Court stated:

Plaintiff names Sam Berri Towing and a number of individuals as defendants. None are government employees or agencies. Plaintiff alleges that Defendants stole his 1993 Nissan and then tried to sell it online. Plaintiff also claims Defendants stole his grandfather’s file, account information, and real estate portfolio. Plaintiff’s complaint suffers two critical defects. First, it fails to name an individual acting under color of state law. Second, it fails to allege a violation of a constitutional…