McMillan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN MARC VAN DEN HUEVEL, No. 2:22-cv-2292-DAD-CKD PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS

v.

KATHY MCMILLAN, Defendant. 16 17 Plaintiff, appearing pro se, filed a second amended complaint (SAC) on May 26, 2023, which is pending before this court.1 (ECF No. 8.) As discussed below, the court finds that plaintiff’s SAC fails to state a claim. The court recommends this case be dismissed without further leave to amend. I. Legal Standards Under the in forma pauperis (“IFP”) statute, the court must screen the complaint and dismiss any claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Rule 26 1 Actions in which a party proceeds without counsel are referred to a magistrate judge pursuant to E.D. Cal. L.R. 302(c)(21). See 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72. 2 This court granted plaintiff…