Lemus

Lemus v. Visalia Police Department

Good Law
United States District Court, Eastern District of CaliforniaJune 26, 20241:24-cv-00050California4,630 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IGNACIO LEMUS, Case No. 1:24-cv-00050-JLT-HBK Plaintiff, AMENDED FINDINGS AND

RECOMMENDATIONS TO DISMISS CASE1

v. (Doc. No. 10) VISALIA POLICE DEPARTMENT et al.,

FOURTEEN-DAY OBJECTION PERIOD

Defendants. 16 Pending before the Court for screening under 28 U.S.C. § 1915A is Plaintiff’s First Amended Complaint. (Doc. No. 10, “FAC”). Plaintiff, who is proceeding pro se, was granted leave to proceed in forma pauperis in this action. (Doc. No. 3). For the reasons set forth below, the undersigned recommends the district court dismiss the FAC because it fails to state any cognizable federal claim. 2 SCREENING REQUIREMENT A plaintiff may bring an action under 42 U.S.C. § 1983 to remedy violations of “rights, privileges, or immunities secured by the Constitution and [federal] laws,” that were perpetrated by a person or entity, including a municipality, acting under the color of state law. 42 U.S.C. § 26 1 These…

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