(PC) Penaloza v. Certain Fresno County Deputies

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20241:23-cv-01477California1,706 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CRISTIAN JESUS PENALOZA, 1:23-cv-01477-KES-EPG (PC)

Plaintiff,

SCREENING ORDER

v.

ORDER ALLOWING PLAINTIFF’S

CERTAIN FRESNO COUNTY SECOND AMENDED COMPLAINT TO

DEPUTIES, PROCEED ON HIS EIGHTH AMENDMENT

EXCESSIVE FORCE CLAIM AGAINST

Defendants. CERTAIN FRESNO COUNTY DEPUTIES

16 Plaintiff Cristian Jesus Penaloza is confined in Fresno County Jail (FCJ) and proceeds 17 pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 18 Plaintiff filed a Second Amended Complaint on October 31, 2024. (ECF No. 16). Plaintiff 19 alleges that on March 7, 2022, he was assaulted by two male Fresno County Deputies. 20 The Court has reviewed Plaintiff’s Second Amended Complaint, and for the reasons 21 described in this order, the Court finds that Plaintiff’s Eighth Amendment excessive force claim 22 against John Doe 1 and John Doe 2 should proceed past screening. As the Court has found that 23 Plaintiff’s only claim should proceed past screening, the Court…

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