Garcia

Nicholaus Clarence Garcia v. Janet L. Frankel, et al.

Good Law
United States District Court, Northern District of CaliforniaNovember 13, 20253:25-cv-07110California954 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NICHOLAUS CLARENCE GARCIA, Case No. 25-cv-07110-RFL Plaintiff,

ORDER OF DISMISSAL

v. Re: Dkt. Nos. 1, 7 JANET L. FRANKEL, et al., Defendants. Nicholaus Garcia, who is representing himself and has been granted leave to proceed in forma pauperis, has filed an action against several defendants associated with the Marin County Superior Court and California Department of Child Support Services in their individual and official capacities. (Dkt. No. 1 (“Compl.”).) Garcia brings claims under 42 U.S.C. § 1983, alleging that he has been denied various constitutional rights over the course of child support proceedings in state court. (Id. at 14–18.)

I. SCREENING REQUIREMENT

In cases where the plaintiff proceeds in forma pauperis, the Court is required to screen the complaint. 28 U.S.C. § 1915(e)(2). If the Court determines that the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief, the case must be dismissed. Id. Leave to amend may be granted to the extent that the deficiencies of the complaint…

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