Lui

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JEFFERY DEAN HERSEY EL BEY, Case No. 23-cv-00108-AGT

Plaintiff,

SCREENING ORDER

v.

JEFF LUI, et al., Defendants.

Jeffrey El Bey’s first amended complaint doesn’t satisfy the in forma pauperis screening statute: his first amended complaint “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). A further amendment may not be futile, so the Court will give El Bey another opportunity to amend his complaint. * * * El Bey attempts to plead a Fourth Amendment claim, under 42 U.S.C. § 1983, based on allegations that his car was towed and impounded for not being registered. See Dkt. 6 at 4. When the government impounds a car, the Fourth Amendment is implicated. The impoundment is a seizure of a person’s property. See Miranda v. City of Cornelius, 429 F.3d 858, 862 (9th Cir. 2005). The government must establish that the impoundment is justified under an exception to the warrant requirement (e.g., under the community caretaking doctrine). See United States v. Torres, 828 F.3d 1113, 1118 (9th Cir. 2016). El Bey may succeed in stating a prima facie Fourth Amendment claim, but he hasn’t…