(PC) Penaloza v. Certain Fresno County Deputies
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…