Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARREN BIRKS, No. 2:19-cv-0271-MCE-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT FOX, et al. Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. His initial complaint (ECF No. 1) was screened and dismissed with leave to amend for failure to state a cognizable claim (ECF No. 8). Now, plaintiff has filed a “notice of voluntary dismissal/motion to amend” which requests leave to file an amended complaint. ECF No. 13. That motion is unnecessary as the court already granted plaintiff leave to amend. Accordingly, and the court will screen the amended complaint (ECF No. 14). Screening I. Legal Standards Pursuant to § 1915(e)(2), the court must dismiss the case at any time if it determines the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a…