Long

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD JERRY PAYNE, No. 2:19-cv-2245 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JAMES L. LONG, et al., Defendants. 16 Plaintiff is a state inmate proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that he received an unauthorized sentence in violation of his due process and equal protection rights. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2) and his amended complaint for screening (ECF No. 7). For the reasons set forth below the court will deny the motion to proceed in forma pauperis and recommend that this case be dismissed. SCREENING Before the court had the opportunity to screen the original complaint (ECF No. 1), plaintiff filed an amended complaint (ECF No. 7). Because an amended complaint supersedes any prior complaint Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir.…