Garcia

Garcia v. City of Napa

Good Law
United States District Court, Northern District of CaliforniaOctober 21, 20243:24-cv-03221California422 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division PERFECTO BAUER GARCIA, Case No. 24-cv-03221-LB

Plaintiff,

v. ORDER REASSIGNING CASE;

REPORT AND RECOMMENDATION

CITY OF NAPA, et al., TO DISMISS Defendants. Re: ECF Nos. 1, 14 16 The plaintiff, who represents himself and is proceeding in forma pauperis, sued Napa code- enforcement and building officers after they issued citations to his parents (now deceased) for code violations, did not approve proposals to repair damage to their home’s foundation, and continue to issue citations to the plaintiff.1 Because the plaintiff is proceeding in forma pauperis, the court screened the case under 28 U.S.C. § 1915(e)(2)(B) and issued an order (attached) identifying deficiencies in the complaint: (1) there is no FTCA violation because there was no action by the United States; (2) generally code-enforcement actions like these are within the City’s police powers; (3)…

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