Pickett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN VALDEZ, No. 2:20-cv-0134 WBS DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. PICKETT, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has twice requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. (ECF Nos. 1, 2, 8). Plaintiff has also filed an unsolicited first amended complaint (“FAC”). (ECF No. 5). This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)(B). For the reasons stated below, plaintiff’s first-filed application to proceed in forma pauperis will be denied as incomplete and his second-filed in forma pauperis application will be granted. In addition, pursuant to Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012), the court shall screen plaintiff’s FAC instead of the original one, as it supersedes it. Finally, the undersigned shall recommend…