(PC) Penaloza v. Certain Fresno County Deputies
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 CRISTIAN JESUS PENALOZA, Case No. 1:23-cv-01477-KES-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS v. TO DISMISS THIS ACTION WITHOUT PREJUDICE FOR FAILURE TO
CERTAIN FRESNO COUNTY DEPUTIES, PROSECUTE AND FAILURE TO
COMPLY WITH COURT’S ORDERS
Defendants.
OBJECTIONS, IF ANY,
DUE WITHIN 30 DAYS 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. Plaintiff alleges that he was assaulted by two male Fresno County Deputies while in custody. For reasons stated below, the Court recommends that this case be dismissed without prejudice for failure to prosecute and failure to comply with the Court’s orders. I. BACKGROUND Plaintiff filed a Second Amended Complaint (SAC) on October 31, 2024. (ECF No. 16). Plaintiff alleged that on March 7, 2022, he was assaulted by two male…