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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK J. BOOTH, No. 2:20-cv-1562 DJC AC P Plaintiff, v. ORDER GAVIN NEWSOM, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42 U.S.C. § 1983. The case has been referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff’s second amended complaint (“SAC”) is now before the court for screening. ECF No. 19. For the reasons stated below, plaintiff will be given the opportunity to either proceed on the SAC as screened or amend the complaint a final time. I. SCREENING REQUIREMENT A claim “is [legally] frivolous where it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989) (brackets added); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal theories’ or whose…