Vincent

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAWANE ARTHUR MALLETT, No. 2:23-CV-0394-DAD-DMC-P 12 Plaintiff, ORDER 13 v. and 14 JOHN K. VINCENT, et al., AMENDED FINDINGS AND

RECOMMENDATIONS

15 Defendants. 16 17 Plaintiff, a federal prisoner proceeding pro se, brings this civil rights action. 18 Pending before the Court is Plaintiff’s complaint. See ECF No. 1. On January 23, 2024, the 19 undersigned issued findings and recommendations that this action be dismissed for failure to state 20 a claim. See ECF No. 7. Plaintiff has filed objections. See ECF No. 8. In light of Plaintiff’s 21 objections, as well as subsequent procedural history in Plaintiff’s underlying federal criminal 22 case, the Court will vacate the January 23, 2024, findings and recommendations and issue these 23 amended findings and recommendations addressing the sufficiency of Plaintiff’s complaint in this 24 civil case. 25 / / / 26 / / / 27 / / / 28 / / / 1 I. BACKGROUND 2 A. …