Clendenin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 THOMAS BODNAR, No. 2:18-cv-2702-KJM-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STEPHANIE CLENDENIN, et al., Defendants. 15 Plaintiff, a former state prisoner and now a civil detainee, is proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. On July 24, 2019, the court screened plaintiff’s complaint pursuant to 28 U.S.C. §1915(e)(2) and recommended that it be dismissed as barred by Heck v. Humphrey, 512 U.S. 477 (1994). On August 5, 2019, plaintiff filed objections to the recommendation of dismissal, along with a copy of his first amended complaint (ECF Nos. 5 & 12), arguing that the amended complaint supersedes the original complaint and is not barred by Heck because it seeks only injunctive relief. ECF No. 12. Plaintiff’s amended complaint does supersede the original. According, the July 24, 2019 findings and recommendations are vacated and the amended…