(PC) Penaloza v. Certain Fresno County Deputies
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CRISTIAN JESUS PENALOZA, No. 1:23-cv-01477-KES-EPG Plaintiff, ORDER ADOPTING IN PART FINDINGS
AND RECOMMENDATIONS AND
v. DISMISSING THE COMPLAINT WITH
LEAVE TO AMEND
CERTAIN FRESNO COUNTY DEPUTIES, (Doc. 12) 15 Defendant.
17 Plaintiff Cristian Jesus Penaloza is confined in Fresno County Jail (FCJ) and proceeds pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 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 March 1, 2024, the magistrate judge screened the complaint and determined plaintiff failed to state a claim for excessive force. Doc. 9 at 5. Among other deficiencies, the magistrate judge found that the complaint did not “correctly identify any of the defendants, either by name or by Doe Defendant 1, 2, etc. such that their names can be substituted at a later time.” Id. at 1. The 26 …