Marker
Marker v. Cardona
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 TANIA T. MARKER, Case No. 3:23-cv-05873-JSC
Plaintiff,
ORDER SCREENING COMPLAINT
v. UNDER 28 U.S.C. § 1915
DR. MIGEL CARDONA, Re: Dkt. No. 1 Defendant.
Tania T. Marker, representing herself, filed this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, alleging Dr. Migel Cardona, the Secretary of Education, failed to comply with FOIA requirements. Having granted Ms. Marker’s application to proceed in forma pauperis, (Dkt. No. 4), the Court now screens the complaint pursuant to 28 U.S.C. § 1915. The Court DISMISSES Plaintiff’s complaint, as Dr. Migel Cardona is not a proper defendant for Plaintiff’s claims. Additionally, Plaintiff failed to allege sufficient facts to support her claims. The Court grants Plaintiff leave to amend the complaint and submit a new complaint on or before December 15, 2023. BACKGROUND …