Gipson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FABIAN HANCY MICHEL, No. 2:21-cv-2178 WBS KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 CONNIE GIPSON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. 18 § 1983. On December 12, 2022, plaintiff filed a one-page document styled, “Third Amended 19 Complaint; and Motion to Substitute.” (ECF No. 28.) As discussed below, plaintiff’s motion to 20 substitute is denied, and plaintiff’s third amended complaint should be dismissed without leave to 21 amend. 22 Background 23 Plaintiff’s second amended complaint named D. Hardie, who worked in building 9 tower, 24 and authored the rules violation report against plaintiff; the subsequent hearing on the violation 25 was allegedly heard too late by an unidentified lieutenant and resulted in plaintiff losing three 26 months of good time credits. On October 24, 2022, the undersigned recommended that plaintiff’s 27 second amended…