Cisneros

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDWARD PHILLIP MCKENNA, Case No. 1:24-cv-00607-KES-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATION TO

DISMISS ACTION, WITH PREJUDICE, FOR

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