McGee

McGee v. Milpitas Police Department

Good Law
United States District Court, Northern District of CaliforniaOctober 23, 20235:23-cv-02559California4,021 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ANTHONY MCGEE, Case No. 23-cv-02559-VKD

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. UNOPPOSED MOTION TO DISMISS

MILPITAS POLICE DEPARTMENT, et al., Re: Dkt. No. 30 Defendants.

13 Plaintiff Anthony McGee, who is representing himself, sues the City of Milpitas (“City”) and the Milpitas Police Department (“MPD”) under 42 U.S.C. § 1983 for violations of his Fourth Amendment rights. In a previous order screening Mr. McGee’s original complaint pursuant to 28 U.S.C. § 1915(e), the Court concluded that Mr. McGee failed to state a claim on which relief could be granted and directed him to file an amended complaint. Dkt. No. 6. Mr. McGee filed an amended complaint on May 30, 2023. Dkt. No. 7. The Court screened the amended complaint and concluded that Mr. McGee could proceed with this action without prepayment of the filing fee. See Dkt. No. 8. Defendants now move to dismiss Mr. McGee’s…

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