Lupe

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIX CHESLEY HERBERT JR., Case No. 2:25-cv-2644-JDP (P) Plaintiff, v. ORDER JEREMIAH LUPE, et al., Defendants. 16 17 Plaintiff brings this action against Turlock Police Officer Jeremiah Lupe and Deputy Public Defender Michael Scheid. After review of the complaint, I find that, for screening purposes, plaintiff has stated a cognizable Fourteenth Amendment claim against Lupe. The complaint fails, however, to state a cognizable claim against Scheid. Plaintiff shall indicate whether he desires to proceed only with his claim against Lupe or delay serving any defendant and file an amended complaint. Plaintiff also filed an application to proceed in forma pauperis, which makes the required showing and is granted.

1 As an apparent pretrial detainee, plaintiff’s excessive force claim arises under the Fourteenth Amendment rather than the Eighth. See Crossley v. Tulare Cnty. Sheriff, 1:21-cv- 26 01758-GSA-PC, 2023 U.S. Dist. LEXIS…