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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON THOR LEONARD, No. 2:22-cv-01373-KJM-CKD PS Plaintiff, FINDINGS AND RECOMMENDATIONS v. CALIFORNIA STATE PRISON, ET AL., Defendants. 16 Plaintiff, who is proceeding without counsel in this action, was granted leave to proceed in forma pauperis (“IFP”) on April 7, 2023. (ECF No. 10.) Plaintiff filed a Second Amended Complaint (SAC) on June 22, 2023. (ECF No. 13.) As discussed below, the undersigned finds that plaintiff’s SAC fails to state a claim and therefore recommends dismissal. I. Legal Standards Pro se pleadings are to be liberally construed. Hebbe v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010) (liberal construction appropriate even post–Iqbal). Prior to dismissal, the court is to tell the plaintiff of deficiencies in the complaint and provide an opportunity to cure––if it appears at all possible the defects can be corrected. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) (en banc). However,…