Kuppinger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY LEE HOUSTON, Case No. 2:25-cv-1357-JDP (P) Plaintiff, v. ORDER P. KUPPINGER, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, brings this 42 U.S.C. § 1983 action against P. Kuppinger and J. Hunt, correctional officers at CSP-Sacramento, alleging violations of the Fourth, Fifth, and Eighth Amendments and other state law torts. ECF No. 7. The allegations fail to state a claim. Plaintiff may, if he chooses, file an amended complaint that addresses the deficiencies noted herein. I will grant plaintiff’s application to proceed in forma pauperis, ECF No. 6, and deny his remaining request as moot, ECF No. 2. 24

1 Plaintiff filed his original complaint on May 13, 2025, see ECF No. 1, and filed an 26 amended complaint on May 30, 2025, see ECF No. 7. Because amended complaints supersede original complaints, see Lacey v. Maricopa Cnty., 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc), I am only considering…