(PC) Foust v. Consumer Attorney Marketing Service

Good Law
United States District Court, Eastern District of CaliforniaDecember 3, 20212:20-cv-02553California854 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CARL FOUST, Case No. 2:20-cv-02553-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S SECOND AMENDED

v. COMPLAINT BE DISMISSED WITHOUT

LEAVE TO AMEND FOR FAILURE TO

CONSUMER ATTORNEY STATE A CLAIM

MARKETING SERVICE,

ECF No. 28 Defendant. FOURTEEN-DAY DEADLINE FOR

OBJECTIONS

16 Plaintiff Carl Foust proceeds on his second amended complaint. ECF No. 28. His original failed to state a claim, and the current one fares no better. Accordingly, I will recommend that his most recent complaint be dismissed without leave to amend. Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and…

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