(PC)Facchin

(PC)Facchin v. Kelley

Good Law
United States District Court, Eastern District of CaliforniaMarch 28, 20231:21-cv-00289California413 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 KYLE THOMAS FACCHIN, Case No. 1:21-cv-00289-ADA-CDB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. COMPLAINT FOR FAILURE TO STATE A

CLAIM

SEAN KELLY, et al., (ECF No. 14) Defendants. Clerk of Court to close the case. 16 Plaintiff Kyle Thomas Facchin (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action misfiled under Bivens v. Six Unknown Federal Narcotics Agents, 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. On December 7, 2022, the assigned Magistrate Judge screened Plaintiff’s complaint that alleges that Defendant Sean Kelley subjected him to excessive force and unknown officers failed to protect him, in violation of his Eighth Amendment right to be free from cruel and unusual punishment. (ECF No. 14.) The…

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