Castillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 MICHAEL HANDY, Case No.: 1:22-cv-01160-KES-SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

v. (Doc. 16) DAVID CASTILLO,

Defendant. 13 Plaintiff Michael Handy is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On February 28, 2024, the assigned magistrate judge issued findings and recommendations, recommending that this action be dismissed for plaintiff’s failure to state a claim upon which relief could be granted. Doc. 16. Plaintiff’s first amended complaint alleged a single excessive force claim against David Castillo; however, the magistrate judge found that plaintiff’s exhibits filed with the first amended complaint fatally contradicted plaintiff’s claim. Id. at 7 (citing Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001)). The…