(PC) Ponce v. Fresno County Sheriff's Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PONCE, Case No. 1:21-cv-01046-HBK (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE

v. FINDINGS AND RECOMMENDATIONS TO

DISMISS FIRST AMENDED COMPLAINT

FRESNO COUNTY SHERIFF’S FOR FAILURE TO STATE A CLAIM AND

DEPARTMENT ARRESTING/BOOKING FOR FAILURE TO EXHAUST

DEPUTIES, ADMINISTRATIVE REMEDIES

Defendants. FOURTEEN-DAY OBJECTION PERIOD (Doc. No. 7) 18 Pending before the Court for screening under 28 U.S.C. § 1915A is the pro se civil rights complaint filed under 42 U.S.C. § 1983 by Plaintiff David Ponce—a pre-trial detainee at the time of filing. (Doc. No. 1). Plaintiff’s First Amended Complaint is before the Court for screening. (Doc. No. 7, “FAC”). Upon review, the undersigned recommends the FAC be dismissed for failure to state a cognizable claim under 28 U.S.C. § 1915A and for failure to exhaust administrative remedies. …