(PS) Peden v. Comcast Communications LLC

Good Law
United States District Court, Eastern District of CaliforniaJune 12, 20232:22-cv-01551California1,255 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WESLEY ELVIS PEDEN, Case No. 2:22-cv-01551-DAD-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS COMCAST COMMUNICATIONS, LLC, et al., 15 Defendants.

17 Plaintiff Wesley Peden has filed an amended complaint against Comcast Communications LLC alleging that it attempted to steal and extort money from him. His complaint, however, fails to state a claim, and he has not cured the defects identified in my prior screening order. Since plaintiff’s amended complaint fares no better than his first, I recommend that it be dismissed without leave to amend. Screening and Pleading Requirements A complaint must contain a short and plain statement that plaintiff is entitled to relief, Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not require detailed allegations, but legal…

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