(PS) Pereira v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NYASIA PEREIRA, No. 2:22–cv–0073–KJM–KJN PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS TO

DISMISS

UNITED STATES OF AMERICA, (ECF No. 9) Defendant. 16 Plaintiff is proceeding in this action without counsel and in forma pauperis (“IFP”).1 (ECF Nos. 5, 6.) The court found plaintiff’s initial and amended complaints unsuitable for service and granted plaintiff a final opportunity to amend the complaint to state a claim. (ECF Nos. 3, 6.) Plaintiff’s Second Amended Complaint (“SAC”) is now before the undersigned for re-screening under 28 U.S.C. § 1915(e). (ECF No. 9.) Because the SAC does not cure the previously identified defects and plaintiff has had multiple opportunities to amend, the undersigned now recommends dismissing this case without leave to amend. Legal Standards Under the IFP statute, the court must screen the complaint and dismiss any claims that are “frivolous or malicious,” fail to state a…