Cisneros

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD PHILLIP MCKENNA, Case No. 1:24-cv-00607-KES-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION TO

DISMISS ACTION, WITH PREJUDICE, FOR

13 v. FAILURE TO STATE A CLAIM 14 CISNEROS, et al., (ECF No. 71) 15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Edward Phillip McKenna (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was 19 transferred from the Sacramento Division of the United States District Court for the Eastern 20 District of California on May 21, 2024. (ECF No. 75.) Prior to transfer, the Sacramento Division 21 granted Plaintiff leave to file a third amended complaint only “with respect to the excessive force 22 and failure to protect claims as well as any supplemental state law claim of assault and battery 23 against defendants Cisneros, Leahy, Garcia, Tyler, Coronado, Sayama, Diaz, Brown, Dunn, 24 Valdez and Knudson.” (ECF…