Vincent

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAWANE ARTHUR MALLETT, No. 2:23-CV-0394-DAD-DMC-P Plaintiff, ORDER v. and JOHN K. VINCENT, et al., AMENDED FINDINGS AND

RECOMMENDATIONS

Defendants. 16 Plaintiff, a federal prisoner proceeding pro se, brings this civil rights action. Pending before the Court is Plaintiff’s complaint. See ECF No. 1. On January 23, 2024, the undersigned issued findings and recommendations that this action be dismissed for failure to state a claim. See ECF No. 7. Plaintiff has filed objections. See ECF No. 8. In light of Plaintiff’s objections, as well as subsequent procedural history in Plaintiff’s underlying federal criminal case, the Court will vacate the January 23, 2024, findings and recommendations and issue these amended findings and recommendations addressing the sufficiency of Plaintiff’s complaint in this civil case. / / / / / / / / / / / / I. BACKGROUND A. …