Preston

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARCELLAS HOFFMAN, Case No. 1:16-cv-01617-LJO-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO STAY ACTION

v. (ECF No. 56) TIMOTHY PRESTON,

ORDER ADOPTING FINDINGS AND

Defendant. RECOMMENDATIONS, GRANTING

DEFENDANT’S MOTION TO DISMISS

WITHOUT LEAVE TO AMEND, AND

DISMISSING ACTION, WITH PREJUDICE,

FOR FAILURE TO STATE A CLAIM (ECF No. 51)

19 Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. I. Introduction On October 11, 2019, the assigned Magistrate Judge issued findings and recommendations recommending that Defendant Timothy…