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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN LEE FOSTER, No. 2:23-cv-2279 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

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GOV. GAVIN NEWSOM, et al., Defendants. 16 Plaintiff is a former county jail inmate, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and requests leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis is granted. As discussed below, plaintiff’s complaint should be dismissed without prejudice. Plaintiff’s Complaint Plaintiff complains that his term of parole is grossly out of proportion to his underlying crime and claims the police report does not show evidence of a terrorist threat. (ECF No. 1 at 5.)

1 Plaintiff was returned to…