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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK BOOTH, No. 2:20-cv-1562 AC P 12 Plaintiff, 13 v. ORDER and 14 GAVIN NEWSOM, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 I. Introduction 18 Plaintiff Patrick Booth is a state prisoner incarcerated at Mule Creek State Prison (MCSP) 19 under the authority of the California Department of Corrections and Rehabilitation (CDCR). 20 Plaintiff proceeds pro se with a request to proceed in forma pauperis, a civil rights complaint filed 21 pursuant to 42 U.S.C. § 1983, and a motion for preliminary injunctive relief. 22 This action is referred to the undersigned United States Magistrate Judge pursuant to 28 23 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, the undersigned grants 24 plaintiff’s request to proceed in forma pauperis, finds the complaint inadequate for service but 25 grants leave to amend, and recommends the denial of plaintiff’s motion for preliminary injunctive 26 relief. 27 II. …