Gingery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTIAN NICHOLAS KEPLER, No. 2:24-cv-01426-DAD-CKD (PS) Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 VIRGINIA L. GINGERY, et al., 15 Defendants.

17 Plaintiff Christian Nicholas Kepler proceeds in forma pauperis, without counsel,1 and seeks relief under 42 U.S.C. § 1983. Plaintiff’s first amended complaint is before the court for screening. (ECF No. 4.) The first amended complaint fails to establish the court’s subject matter jurisdiction and seeks monetary relief against defendants who are immune from suit. Because it clearly appears plaintiff will be unable to state a claim based on the relevant facts and legal theories presented, the amended complaint should be dismissed without further leave to amend. I. SCREENING REQUIREMENT Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 27 1 Because plaintiff proceeds…