Osvaldik

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD SMITH, Case No. 1:23-cv-01488-HBK 12 Plaintiff, ORDER TO CLERK TO ASSIGN CASE TO

DISTRICT JUDGE

13 v.

FINDINGS AND RECOMMENDATION TO

14 PETER OSVALDIK and T-MOBILE DISMISS ACTION

CORPORATION,

15 FOURTEEN DAY DEADLINE Defendants. 16 17 18 19 Plaintiff Reginald Smith is proceeding pro se and in forma pauperis on his First Amended 20 Complaint. (Doc. Nos. 5, 7). On December 15, 2023, the Court screened Plaintiff’s initial 21 complaint and found it stated no cognizable claim, advised him of the pleading requirement and 22 applicable law, and afforded him the opportunity to file an amended complaint. (Doc. No. 6). 23 For the reasons set forth herein, the undersigned recommends the district court dismiss this case, 24 without leave to further amend, because the First Amended Complaint fails to state a claim and 25 any further amendments would be futile. 26 APPLICABLE LAW 27 Because Plaintiff is proceeding in form…