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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVIN FENIX, No. 1:24-cv-00202-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN A DISTRICT JUDGE

13 v. TO THIS ACTION 14 GAVIN NEWSOM, et al., FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF

15 Defendants. SUPERVISOR DEFENDANTS 16 (ECF No. 15) 17 18 19 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 20 U.S.C. § 1983. 21 Currently before the Court is Plaintiff’s first amended complaint, filed May 6, 2024. 22 I. 23 SCREENING REQUIREMENT 24 The Court is required to screen complaints brought by prisoners seeking relief against a 25 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 26 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 27 “frivolous or malicious,”…