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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GABRIEL PRICE, No. 2:19-cv-2342 AC P Plaintiff, v. ORDER J. LINK, Defendant. 16 I. Introduction Plaintiff is a state prisoner incarcerated at Mule Creek State Prison (MCSP), under the authority of the California Department of Corrections and Rehabilitation (CDCR). Plaintiff proceeds pro se with an application to proceed in forma pauperis and a civil rights complaint filed pursuant to 42 U.S.C. § 1983. This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, the court grants plaintiff’s request to proceed in forma pauperis, finds that the complaint fails to state a claim, and grants plaintiff leave to file a First Amended Complaint. II. In Forma Pauperis Application Plaintiff has submitted an affidavit and prison trust account statement that make the showing required by 28 U.S.C.…