Gomez

I. BACKGROUND

24 On November 1, 2023, Christopher Dawel Gomez (“Plaintiff”), a state prisoner 25 proceeding pro se, filed the operative Complaint pursuant to 42 U.S.C. § 1983 (“§ 1983”) 26 against Defendant and the San Diego Central Jail. (Compl., ECF No. 1.) 27 28 Plaintiff alleges that on April 18, 2023, he was “involved in[] a car collision.” (Compl. at 3.) In connection with the collision, Plaintiff was charged with driving under the influence and resisting an executive officer. (ECF No. 11-2 at 13.)1 Plaintiff alleges that during his booking on these charges at the San Diego Central Jail, Defendant: [Gonzalez] acted in an egrious [sic] way while I was in restraints the entire time … Gonzalez was extremly [sic] rough in patting me down applying 6 excessive force at times bending my middle left finger, pushing and pulling on me invoking more pain upon me … [Gonzalez] continually became aggressive until, last I remember calling [Gonzalez] a “p***y” which led him 8 to punch me twice in my mouth additionally slamming me to the ground causing me to lose consciousness … Due to [Gonzalez’s use of] excessive force I received “4”…