de Tagle v. Superior Court of California for the County of Santa Clara

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AUSTIN DE TAGLE, et al., Case No. 24-cv-00041-AMO

Plaintiffs,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION, DISMISSING

COMPLAINT WITHOUT LEAVE TO

SUPERIOR COURT OF CALIFORNIA AMEND

FOR THE COUNTY OF SANTA CLARA,

et al., Re: Dkt. No. 6 Defendants. 12 The Court has reviewed the Report and Recommendation of Magistrate Judge Virginia K. DeMarchi, which granted Plaintiff Austin de Tagle’s application to proceed in forma pauperis, screened his complaint under 28 U.S.C. § 1915(e), and recommended dismissal on the following grounds:

(1) Mr. de Tagle fails to state a cognizable claim for violations of his or his children’s rights under the Fourteenth Amendment. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Fourteenth Amendment’s substantive due process clause protects the “interest of parents in the care, custody, and control of their children” and “freedom of personal choice in matters of family life.” …