Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KENNETH MACKEY, Case No.: 1:23-cv-0337 JLT EPG (PC) Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS TO DISMISS

CERTAIN CLAIMS AND DEFENDANTS

E. GARCIA, et al., GALINDO AND NORTHCUTT

Defendants. (Doc. 13)

16 Kenneth Mackey is a prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The magistrate judge screened the allegations of the complaint pursuant 28 U.S.C. § 1915A(a), and found Plaintiff stated cognizable claims against Defendant Garcia for excessive force in violation of the Eighth Amendment and against Defendant Quintero for retaliation in violation of the First Amendment. However, the magistrate judge also found the remaining claims in the complaint—including all claims against defendants Galindo and Northcutt—were not cognizable. (Doc. 8.) In response to the Screening Order, Plaintiff filed notice that he did not wish to file an amended…