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BACKGROUND AND SUMMARY OF OPERATIVE COMPLAINT

22 Plaintiff initiated this action on March 21, 2023 by filing a prisoner civil rights complaint 23 under 42 U.S.C. § 1983. On May 17, 2023, the undersigned directed the Clerk of Court to strike 24 the Complaint because it was illegible and ordered Plaintiff to refile his Complaint. (Doc. No. 25 10). On June 8, 2023, Plaintiff refiled his Complaint. (Doc. No. 11). On July 14, 2023, the 26 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2022). undersigned screened the Complaint and found that it failed to state any cognizable constitutional claim. (See Doc. No. 16). The undersigned afforded Plaintiff the option to either (1) file an amended complaint; (2) stand on his Complaint subject to the undersigned recommending the District Court dismiss the complaint; or (3) voluntarily dismiss the case. (Id. at 6-7). On July 26, 2023, Plaintiff timely filed an amended complaint. (Doc. No. 18). Plaintiff failed to sign it and the undersigned directed the Clerk of Court to strike it. (Doc. No. 19). Plaintiff then refiled a signed First…