Nelson H. Romero v. San Bernardino County
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. 5:24-cv-02449-MWF-KS Date: February 4, 2025 Title Nelson H. Romero v. San Bernardino County
Present: The Honorable: Karen L. Stevenson, United States Magistrate Judge
Gay Roberson N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On November 15, 2024, Plaintiff Nelson Romero, proceeding pro se and in forma pauperis, filed a civil rights complaint (“Complaint”) under 42 U.S.C. § 1983 alleging constitutional violations arising out of his October 17, 2024 vehicle search and arrest. (Dkt. No. 1.) Plaintiff sues San Bernardino County (“County”) in its official capacity. (Id. at 3.)
For the following reasons, the Court orders Plaintiff to show cause, no later than thirty (30) days from the date of this Order, why the Court should not recommend that this matter be dismissed.
STANDARD OF REVIEW
Under Federal Rule of Civil Procedure 12(b)(6), a trial court may dismiss a claim sua sponte and without notice “where the claimant cannot possibly win relief.” Omar…