Igbinosa

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 FRANK POPOVICH, 1:19-cv-01758-GSA-PC

12 Plaintiff, ORDER DISMISSING COMPLAINT FOR

FAILURE TO STATE A CLAIM, WITH

13 vs. LEAVE TO AMEND (ECF No. 1.) 14 IGBINOSA, et al.,

THIRTY-DAY DEADLINE TO FILE

15 Defendants. FIRST AMENDED COMPLAINT

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18 19 I. BACKGROUND 20 Frank Joseph Popovich (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis with this civil rights action under 42 U.S.C. § 1983. On December 14, 2019, Plaintiff 22 filed the Complaint commencing this action, which is now before the court for screening. 28 23 U.S.C. § 1915. (ECF No. 1.) 24 II. SCREENING REQUIREMENT 25 The court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 27 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 28 “frivolous or…