Duncan
Radni Ghafoori v. Officer Duncan, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RADNI GHAFOORI, No. 2:24-cv-03306-DJC-SCR Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
OFFICER DUNCAN, et al., Defendants. 16 Plaintiff is proceeding pro se in this matter, which is referred to the undersigned pursuant to Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Before the Court is Plaintiff’s motion for leave to amend (ECF No. 26) and First Amended Complaint (“FAC”) (ECF No. 27). The motion is unopposed and will be granted. However, as Plaintiff is proceeding in forma pauperis, the Court must also screen the FAC. See 28 U.S.C. § 1915(e). The Court finds the action may proceed on Counts I, III, IV, and IX. However, the Court recommends Counts II, V, VI, VII, and VIII be dismissed without further leave to amend, that Defendants City of Turlock, Turlock Police Department, and Police Chief Hedden be dismissed except as to Count IX, a Bane Act claim for which respondeat superior liability is available,…