(PC) McDowell v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GIOVANNI MCDOWELL, Case No. 1:24-cv-00500 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. THE RETALIATION CLAIM STEVE SMITH, et al., (Doc. 17)

Defendants.

16 Giovanni McDowell, a state prisoner, asserts the defendants are liable for violations of his civil rights while he was incarcerated at Sierra Conservation Center. (See generally Doc. 13.) The magistrate judge screened Plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A(a), and found Plaintiff stated a cognizable claim for deliberate indifference to his safety against Defendants Smith, Storey, Davis, and Cobian. (Doc. 17 at 3-4.) However, the magistrate judge found Plaintiff did not state a cognizable claim for retaliation. (Id. at 4-5.) The magistrate judge determined further leave to amend would be futile, because the Court previously provided Plaintiff with the applicable legal standards,…