Owens

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 KENNETH OLIVER OWENS, #0290606, Case No. 23-cv-03812-CRB (PR)

Plaintiff,

ORDER OF DISMISSAL

v.

FOGARTY, Deputy Sheriff Captain, et al., (ECF Nos. 6 & 8) Defendant(s).

Plaintiff, a pretrial detainee at the San Mateo County Jail (SMCJ) in Redwood City, California, has filed a pro se complaint under 42 U.S.C. § 1983 alleging that on July 7, 2023, while in custody at SMCJ, he saw two deputy sheriffs – Martinez and Cardenas – engaging in inappropriate conduct, namely one deputy “brushing” her elbow against the other’s “breast.” ECF No. 1 (Compl.) at 6. When the deputies noticed that plaintiff had seen them, they told him to “move down” and Martinez called him a “stupid . . . nigger.” Id. Plaintiff “wrote the deputy up” but Deputy Sheriff Captain Fogarty did not investigate or process the grievance. Id. DISCUSSION A. Standard of Review Federal courts must engage in a preliminary screening of cases in which prisoners…