(PS) Rider v. California State Controller's Office

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAMONT DESMOND RIDER, No. 2:23–cv–2556–DJC–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS WITH PREJUDICE

v. CALIFORNIA STATE CONTROLLER;

UNCLAIMED PROPERTY DIV.,

15 Defendants. 16 Plaintiff, who proceeds without counsel in this action, previously requested leave to proceed in forma pauperis (“IFP”), which the court granted. (ECF Nos. 2, 3.) However, after a screening of the complaint (see 28 U.S.C. § 1915), the undersigned found plaintiff failed to state a claim for relief available in this court, as plaintiff relied solely on 12 U.S.C. §216(b) (the National Banking Act) in attempting to state a claim. (ECF No. 3.) As the undersigned could not say plaintiff had no claim based on the limited record before the court, plaintiff was granted leave to amend. (Id.) Plaintiff filed a “Supplement” on December 19, 2023, which the undersigned construes as plaintiff’s first amended complaint (“1AC”). (ECF No. 4.) Therein, plaintiff states the factual…