Beltran

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XEZAKIA ROUSE, No. 2:21–cv–1085–JAM–KJN PS Plaintiff, v. FINDINGS & RECOMMENDATIONS CALIFORNIA SECRETARY OF (ECF Nos. 2, 6)

STATE,

15 Defendant. 16 Still pending before the court is plaintiff’s motion to proceed in forma pauperis (“IFP”) which he filed with his original complaint on June 21, 2021. (ECF Nos. 1-2.) The undersigned declined to rule on the IFP motion initially because it appeared that this district, the Eastern District of California, might not be the proper venue for the complaint as originally filed. In response to the court’s prior orders, plaintiff filed a First Amended Complaint (“FAC”) that cures the initial venue problem and is now before the undersigned for screening. (ECF No. 6.) Because the FAC fails to state a claim for relief and further amendment would be futile, the undersigned recommends dismissing this case and denying as moot plaintiff’s IFP motion.

1 The Clerk of Court is instructed to update…