Galager
(PC) McGee v. Galager
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNNY MCGEE, Case No. 1:21-cv-00837-KES-HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
v. Doc. No. 30 GALAGER, PATTERSON, YOKUM and
WRIGHT,
15 Defendants.
17 Plaintiff Johnny McGee is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought 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)(B) and Local Rule 302. This action proceeds on plaintiff’s second amended complaint (“SAC”) filed on June 14, 2024. (Doc. 28.) On June 18, 2024, the assigned magistrate judge screened the SAC, finding that it stated an Eighth Amendment failure to protect claim against defendants Wright and Yokum but no other claim. (Doc. 29 at 7.) The magistrate judge afforded plaintiff the option to either (1) file a notice to stand on his SAC and voluntarily dismiss the claims deemed not cognizable in the screening order; or (2) stand on…