Moore

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID ERNESTO MACKEY, 1:21-cv-00607-GSA-PC

Plaintiff, ORDER FOR CLERK TO RANDOMLY

ASSIGN A UNITED STATES DISTRICT

vs. JUDGE TO THIS CASE

MOORE, et al., FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE

Defendants. BE DISMISSED, WITH PREJUDICE,

FOR LACK OF SUBJECT MATTER

JURISDICTION (ECF No. 9.)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

19 I. BACKGROUND David Ernesto Mackey (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on April 12, 2021. (ECF No. 1.) On April 15, 2021, the court issued an order striking the Complaint for lack of Plaintiff’s signature, with leave to file a First Amended Complaint bearing his signature. (ECF No. 5.) On April 26, 2021, Plaintiff…