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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GEORGE RUIZ PALOMAR, II, No. 2:23-cv-2329-DC-SCR P Plaintiff, v. ORDER GAVIN NEWSOM, et al., Defendants. 15 Plaintiff, a state prisoner, proceeds without counsel and seeks relief under 42 U.S.C. § 1983. This matter was referred to the undersigned pursuant to Local Rule 302. See 28 U.S.C. § 636(b)(1). Plaintiff’s first amended complaint is before the court for screening. For the reasons set forth below, the complaint fails to state a claim, but plaintiff is granted leave to file a further amended complaint within 60 days of the date of this order. 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 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d…