Arkowitz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUCHELL CINQUE MAGEE, No. 2: 19-cv-0172 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STEVEN ARKOWITZ, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends that this action be dismissed. Plaintiff is incarcerated at the California Men’s Colony (“CMC”) in San Luis Obispo County. Named as defendants are Santa Clara County Deputy District Attorney Timothy Reardon, CMC Counselor Enriquez and Parole Board Commissioner Arkowitz. Plaintiff alleges that from April 4, 1973, through January 2019, defendants have concealed the truth that, in 1973, plaintiff was acquitted of criminal charges for murder and kidnapping in the Santa Clara County Superior Court. Attached to the complaint is an alleged declaration by jury foreman Bernard Suares, dated October 2010, which…