(PC) Bunton v. City of Fresno Police Department

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20231:23-cv-00104California923 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN KARL RAY BUNTON, Case No. 1:23-cv-00104-HBK (PC) Plaintiff, ORDER NOTING VOLUNTARY

DISMISSAL UNDER FED. R. CIV. P.

v. 41(a)(1)(A)(i) OF CERTAIN DEFENDANTS

AND CLAIMS

CITY OF FRESNO, et al.,

ORDER DIRECTING CLERK TO REVISE

Defendants. DOCKET TO REFLECT ONLY NAMED

DEFENDANTS

16 (Doc. No. 9)

18 Plaintiff Benjamin Karl Ray Bunton, a prisoner, is proceeding pro se and in forma pauperis in this action filed under 42 U.S.C. § 1983. On June 26, 2023, this Court issued a screening order on Plaintiff’s First Amended Complaint. (Doc. No. 8). As discussed in the screening order, the Complaint states a cognizable Fourth Amendment1 claim against Fresno City Police Officers 1, 2, and 3 for excessive use of force and a Fourth Amendment failure to intercede claim against Fresno City Police Officer 1, but no other claim. (Id. at 12). Specifically, the Court found the Complaint did not state any cognizable claim…

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