(PS) Wise v. T-Mobile USA, Inc

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSH WISE, No. 2:21-CV-2268-DAD-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS T-MOBILE USA, INC., Defendant. 16 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court is Plaintiff’s complaint, ECF No. 1. The Court is required to screen complaints brought by litigants who have been granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under this screening provision, the Court must dismiss a complaint or portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), the Court must dismiss an action if it is determined that it lacks subject matter jurisdiction. Because Plaintiff has been granted leave to proceed in…