MacKinnon

BACKGROUND

25 The incident giving rise to this case occurred on August 9, 2017. (Doc. No. 1 at 1:18-2:9). 26 (Doc. No. 1 at 1:18-2:9). On August 11, 2017, two days after the incident, in a call to his mother, 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local Rule 302 (E.D. Cal. 2019). Sandra MacKinnon, Plaintiff stated: OK, just listen so. All I fucking need to say is that I can’t have any money on my books. So I’m going to have, I’m going go spend the rest of the money that I got . . . . And then I’m going to have to keep my, my books at a zero balance from here on out. Uh, and that way they don’t charge me for when I go to the doctor for medical care, they don’t charge me, uh uh, court fees, or, or attorney’s fees, or legal mail doesn’t cost me nothing. So, I gotta play indigent for a while. But, it doesn’t matter, I still get packages. And I can still put money in other people’s names, which we’ll just start doing, we’ll just keep doing what we’ve been doing . . . . 7 (Doc. No. 42-1 at 38:7-38:3; see also Doc. No. 42-2 at…