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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELVIN X. SINGLETON, No. 2:21-cv-01873 DAD AC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 D.CUEVAS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 I. Statutory Screening of Prisoner Complaints 21 As plaintiff was previously advised, the court is required to screen complaints brought by 22 prisoners seeking relief against “a governmental entity or officer or employee of a governmental 23 entity.” 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the 24 prisoner has raised claims that are “frivolous, malicious, or fail[] to state a claim upon which 25 relief may be granted,” or that “seek[] monetary relief from a defendant who is immune from 26 such relief.” 28 U.S.C. §…