Chisholm

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN DUANE HICKMAN, No. 2:19-cv-1725 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MATT CHISHOLM, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court are plaintiff’s objections to the undersigned’s findings and recommendations issued October 17, 2019. (See ECF Nos. 7, 8). For the reasons stated herein, the undersigned shall vacate those findings and recommendations and instead recommend that this action be dismissed without leave to amend for failure to state a claim upon which relief may be granted. I. RELEVANT PROCEDURAL HISTORY On October 17, 2019, the undersigned reviewed this court’s docket and found that the claim in the instant complaint…