Henry

Smith v. Henry

Good Law
United States District Court, Northern District of CaliforniaNovember 3, 20233:22-cv-03093California1,008 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division MARK SMITH, Case No. 22-cv-03093-LB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

ARLENE HENRY, et al., Re: ECF No. 39 Defendants. 17 The plaintiff, who represents himself and is proceeding in forma pauperis, sued Arlene Henry, Jones Memorial Homes Inc., “Rosie,” and Alton Management Corp., alleging that the defendants are preventing him from accessing his mail. Liberally construed, the operative complaint claims violations of federal statutes regarding the mail, breach of contract, violation of the HUD Model Lease for Subsidized Housing, breach of the covenant of quiet enjoyment, and violation of the Fair Housing Act.1 The defendants moved to dismiss the complaint for failure to state a claim and lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6).2 The court previously granted the motion on the ground that…

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