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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GEORGE RUIZ PALOMAR, II, No. 2:23-cv-2329 DC SCR P Plaintiff, v. FINDINGS AND RECOMMENDATIONS GAVIN NEWSOM, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, 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 second amended complaint is before the court for screening. For the reasons set forth below, the complaint fails to state a claim, and further amendment would be futile due to plaintiff’s repeated failure follow the court’s instructions regarding amendment of his complaint. Accordingly, the undersigned recommends that plaintiff’s second amended complaint be dismissed without leave to amend. I. Statutory Screening of Prisoner Complaints The court is required to screen complaints brought by prisoners seeking relief against “a governmental entity or officer or employee of a governmental entity.” …