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I. BACKGROUND

23 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights 24 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on 25 June 10, 2019, in the Sacramento Division of the United States District Court for the Eastern 26 District of California. (ECF No. 1.) On June 14, 2019, the case was transferred to this court. 27 (ECF No. 4.) 28 On December 23, 2019, Plaintiff filed the First Amended Complaint as a matter of course. (ECF No. 21.) On February 10, 2021, the court issued an order requiring Plaintiff to show cause within thirty days why this case should not be dismissed as barred by Heck v. Humphrey, 512 U.S. 477 (1994) and Edwards v. Balisok, 520 U.S. 641, 643–647 (1997). The thirty-day time period expired and Plaintiff and not file a response to the court’s order. On May 24, 2021, the court dismissed the First Amended Complaint for failure to state a claim, with leave to amend. (ECF No. 28.) On June 28, 2021, Plaintiff filed the Second Amended Complaint which is now before the court for screening. 28 U.S.C. § 1915. II. PLAINTIFF’S ALLEGATIONS AND…