Barrow

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYSHAWN C. GAFFNEY, No. 2:22–cv–02251-TLN–CKD PS Plaintiff, FINDINGS AND RECOMMENDATIONS

v.

CORY BARROW, et al., Defendants. 16 Plaintiff is proceeding in this action pro se and in forma pauperis. On April 7, 2023, his original complaint was dismissed with leave to amend as it failed to state a claim under Federal Rule of Civil Procedure 12(b)(6) and did not meet the Rule 8 pleading requirements. (ECF No. 3.) In May 2023, plaintiff filed two more complaints, similar to each other and the original complaint. (ECF Nos. 4 & 5.) As the last-filed amended complaint supersedes the others, before the court for screening is plaintiff’s Second Amended Complaint (ECF No. 5, “SAC”). The federal in forma pauperis statute authorizes federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. …