(PC)Facchin
(PC)Facchin v. Kelley
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE THOMAS FACCHIN, Case No. 1:21-cv-00289-CDB (PC)
12 Plaintiff,
FINDINGS AND RECOMMENDATIONS
13 v. TO DISMISS ACTION FOR FAILURE TO
STATE A CLAIM
14 SEAN KELLY, et al., (Doc. 1) 15 Defendants. 16
FOURTEEN (14) DAY DEADLINE
17 18 Clerk of Court to assign a district judge. 19 20 Plaintiff Kyle Thomas Facchin is a state prisoner proceeding pro se and in forma 21 pauperis in this civil rights action mis-filed under Bivens v. Six Unknown Fed. Narcotics Agents, 22 403 U.S. 388 (1971). On March 1, 2021, Plaintiff filed a complaint alleging Defendant Sean 23 Kelley subjected him to excessive force and unknown officers failed to protect him, in violation 24 of his Eighth Amendment right to be free from cruel and unusual punishment. (Doc. 1.) Upon 25 screening of the complaint, the Court finds that Plaintiff’s complaint fails to state a claim upon 26 which relief may be granted and must be dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i)– 27 …