(PS)Spencer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL R. SPENCER, No. 2:21-cv-0050 TLN AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS RONALD B. ROBIE, et al. , Defendants. 16 Plaintiff is proceeding pro se, and the case was accordingly referred to the Magistrate Judge pursuant to Local Rule 302(c)(21). Defendants have filed two motions to dismiss. ECF Nos. 4 and 10. In response, plaintiff filed an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). ECF No. 17. The motions to dismiss must therefore be DENIED as MOOT. However, upon review of the operative First Amended Complaint (“FAC”) it is clear this court lacks jurisdiction and this case must be sua sponte dismissed without leave to amend. I. BACKGROUND This case has been related to a previously dismissed case filed in this court, Spencer v. Sinclair, et al., 2:20-cv-1266 TLN AC (“Spencer I”). ECF Nos. 11, 15. Spencer I was dismissed for lack of subject matter…