Moses

Moses v. Corte Madera Tow

Good Law
United States District Court, Northern District of CaliforniaMay 24, 20214:21-cv-03520California1,935 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DAVID JOHN MOSES, Case No. 21-cv-03520-LB

Plaintiff, ORDER SCREENING COMPLAINT v. Re: ECF No.

CORTE MADERA TOW, Defendant. 16 INTRODUCTION The plaintiff David John Moses, who represents himself and is proceeding in forma pauperis, complains that Corte Madera Towing wrongfully towed his car at the direction of a San Rafael police officer.1 Before directing the United States Marshal to serve the defendant with the complaint, the court must screen it for minimal legal viability. 28 U.S.C. § 1915(e)(2)(B). The court lacks federal-question jurisdiction because the plaintiff alleges only deprivation of his car by a private party, and the court lacks diversity jurisdiction because all parties are citizens of California. The plaintiff may amend his complaint by June 21, 2021 to cure the complaint’s deficiencies if he can.

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