Wallace

I. BACKGROUND

22 Plaintiff filed his initial complaint on August 23, 2021, bringing excessive force, 23 medical needs, and due process claims against the Lemoore Police Department and Lemoore 24 Police Officer Acosta. (ECF No. 1). On September 28, 2021, the Court entered a screening 25 order, concluding that Plaintiff stated an excessive-force claim against Defendant Acosta but 26 that no other claims should proceed past the screening stage. (ECF No. 8). The screening order 27 gave Plaintiff thirty days to either file a first amended complaint, notify the Court in writing 28 that he did not want to file an amended complaint and instead wanted to proceed only on his excessive-force claim against Defendant Acosta, or notify the Court in writing that he wanted to stand on his complaint. On October 25, 2021, Plaintiff filed a first amended complaint, which is now before the Court for screening. 5 For the reasons given below, the Court will recommend that this case proceed on 6 Plaintiff’s excessive-force and medical-needs claims against Defendant Acosta and that the 7 claims against Defendant Lemoore Police Department be dismissed for failure to state a claim 8 upon…