Spinks
Spinks v. California Department of Transportation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HENRY OLIVER SPINKS, Case No. 3:22-cv-05067-WHO
Plaintiff,
ORDER ON MOTION TO DISMISS
v. 9 Re: Dkt. No. 20 CALIFORNIA DEPARTMENT OF TRANSPORTATION, et al., 11 Defendants.
12 Pro se plaintiff Henry Oliver Spinks, a former resident of a homeless encampment in Oakland, California, sued the California Department of Transportation (“Caltrans”) for various alleged injuries arising from the closure of that encampment. For the reasons that follow, Spinks’ amended complaint is dismissed with leave to amend particular claims. Additionally, as described further below and based on Spinks’ failure to appear at the hearing for this motion, Spinks is ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to prosecute. Spinks may expunge this Order to Show Cause by filing an amended complaint by March 24, 2023, addressing the issues analyzed below. BACKGROUND I. Procedural Background This case was filed by pro se plaintiff…