(PC)Daley

I. BACKGROUND

19 Alcliff Morgan Daley (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 21 commencing this action on August 13, 2020. (ECF No. 1.) On February 28, 2022, the Court 22 screened the Complaint and dismissed it for failure to state a claim, with leave to amend. (ECF 23 No. 12.) On March 21, 2022, Plaintiff filed the First Amended Complaint (ECF No. 13), and on 24 March 29, 2023, the Court issued findings and recommendations to dismiss the First Amended 25 Complaint, with prejudice, for failure to state a claim (ECF No. 16). 26 On April 17, 2023, Plaintiff filed a motion for leave to amend the complaint and lodged 27 a proposed Second Amended Complaint. (ECF Nos. 17, 18.) 28 II. LEAVE TO AMEND – RULE 15(a) Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under…