Holiday
Holiday v. Unknown Officer or Officers of the San Diego Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 3 Juan Marquis HOLIDAY, Case No.: 3:23-cv-1069-AGS-MMP
Plaintiff,
ORDER: (1) GRANTING MOTION
vs. TO PROCEED IN FORMA
PAUPERIS (ECF 5) AND
Unknown Officer or Officers of the San
Diego Police Department, (2) DISMISSING COMPLAINT Defendants. FOR FAILURE TO STATE A
CLAIM
10
Plaintiff Juan Marquis Holiday, a federal inmate proceeding without an attorney, filed a civil-rights action based on 42 U.S.C. § 1983. (See ECF 1.) Holiday alleges his Fourth Amendment rights were violated when unnamed San Diego Police Officer(s) entered his home without a warrant. (Id. at 5.) The Court denied Holiday’s application to proceed in forma pauperis and dismissed the case without prejudice. (ECF 4.) Plaintiff then filed a timely renewed motion to proceed IFP. (ECF 5.) For the reasons below, the Court grants Holiday’s IFP application but dismisses the complaint without prejudice and with leave to amend. …