Pimental
Pimental v. Rivera
Opinion
Trial Court Opinion
I. INTRODUCTION
A. Background On August 9, 2019, Plaintiff Cesar Pimentel, proceeding pro se, filed a civil complaint against Hanford Police Officers Alfred Rivera (“Officer Rivera”) and Mark Carrillo (“Officer Carrillo”) (collectively “Defendants”). (Doc. 1 (“Compl.”).) Plaintiff also filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, which was granted on August 19, 2019. (Docs. 2 & 3.) As discussed below, Plaintiff has stated a cognizable claim for failure to provide medical assistance in Claim I on which he may proceed and may be able to correct the deficiencies in his pleading for his other claim. Thus, Plaintiff may either file a first amended complaint correcting the deficiencies or advise the Court that he is willing to proceed only on his failure to provide medical assistance claim. B. Screening Requirement and Standard In cases where the plaintiff is proceeding in forma pauperis, the Court is required to screen each case, and shall dismiss the case at any time if the Court determines that the allegation of poverty is untrue, or the action or appeal is frivolous or…