Strauss

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT ALLEN STRAUSS, Case No.: 3:21-cv-01145-WQH-LL

CDCR #AP-2353,

ORDER:

Plaintiff, 13 vs. 1) GRANTING MOTION TO

PROCEED IN FORMA PAUPERIS

FILEMON MAGANA, Police Officer; [ECF No. 2]

EL CENTRO POLICE DEPARTMENT,

Policing Agency,

AND

Defendants. 2) DISMISSING COMPLAINT FOR

FAILING TO STATE A CLAIM

PURSUANT TO 28 U.S.C. § 1915(e)(2) AND 28 U.S.C. § 1915A(b)

21 HAYES, Judge: 22 Plaintiff Robert Allen Strauss, while incarcerated at Richard J. Donovan 23 Correctional Facility (“RJD”) in San Diego, California, and proceeding pro se, has filed a 24 civil rights Complaint (“Compl.”) pursuant to 42 U.S.C. § 1983. See ECF No. 1. Strauss 25 claims the El Centro Police Department (“ECPD”) and one of its officers used excessive 26 force during the course of his arrest on January 18, 2019. See id. at 1‒4. He seeks $500,000 27 in both general and punitive damages. Id. at 7.…