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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KOHEN DIALLO E. UHURU, No. 2:23-cv-1380 TLN DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DANIEL E. CUEVAS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his right to be free of cruel and unusual punishment in violation of the Eighth Amendment. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2) and his motion for preliminary injunction (ECF No. 7). For the reasons set forth below, the undersigned will recommend that the motions be denied. IN FORMA PAUPERIS I. In Forma Pauperis Statue The Prison Litigation Reform Act of 1995 (“PLRA”) permits a federal court to authorize the commencement and prosecution of any suit without prepayment of fees by a person who submits an affidavit indicating that the person is unable to pay…