Guibord

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DEWAYNE LEE TURNER, No. 2:19-cv-0416 DB P Plaintiff, v. ORDER SACRAMENTO CITY FIRE DEPT., et al., 15 Defendants.

17 Plaintiff is a state prisoner proceeding pro se with this civil rights action pursuant to 42 18 U.S.C. § 1983. On November 18, 2019, the Court screened plaintiff’s complaint and found that it 19 failed to state a claim for relief. (ECF No. 7.) Plaintiff then filed a motion for voluntary dismissal 20 of two state law claims (ECF No. 10) and a first amended complaint (ECF No. 11). Shortly 21 thereafter, plaintiff filed a second amended complaint. (ECF No. 13.) Because the second 22 amended complaint supersedes any earlier-filed pleadings, Loux v. Rhay, 375 F.2d 55, 57 (9th 23 Cir. 1967), the Court will screen this most recently-filed complaint.

I. Screening Requirements

25 “[T]he court shall dismiss the case at any time if the court determines that ... the action or 26 appeal (i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be…