1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES MCGANN, Case No. 22-cv-02042-EMC

8 Plaintiff, ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN 9 v. FORMA PAUPERIS; DENYING PLAINTIFF’S MOTION FOR A 10 CITY OF SAUSALITO, et al., TEMPORARY RESTRAINING ORDER; AND ORDER TO SHOW 11 Defendants. CAUSE

12 Docket Nos. 2-3

13 14 15 Currently pending before the Court is Plaintiff James McGann’s application to proceed in 16 forma pauperis (“IFP”) and motion for a temporary restraining order (“TRO”). 17 Based on the financial affidavit filed by Mr. McGann, the Court GRANTS the motion to 18 proceed IFP. The Court also orders the U.S. Marshals’ Office to serve this order, the summons 19 and complaint on Defendants because it appears Mr. McGann may have a viable claim for relief. 20 He alleges, in effect, that he has been denied the ability to stay at the Marinship Park encampment 21 and has nowhere else to go. See generally Martin v. City of Boise,

(9th Cir. 2019). 22 This ruling, however, does not preclude Defendants from filing, e.g., a 12(b)(6) motion to dismiss 23 Mr. McGann’s case. 24 Turning to the TRO motion, it appears that the motion is moot. The City has provided 25 evidence that Mr. McGann has found alternative housing. See Gregory Decl. ¶ 7 (testifying that 26 Mr. McGann leased a room on March 31, 2022, and that Mr. McGann’s aunt confirmed on April 27 8, 2022, that he was currently housed). Accordingly, the motion is DENIED but without 1 Finally, the Court notes that, in his complaint, the only relief Mr. McGann sought was that 2 he “be allowed to camp at Marinship Park.” Compl. ¶ V. Now that Mr. McGann has found 3 alternative housing, it appears that his case – in its entirety – is moot. Accordingly, the Court 4 hereby ORDERS Mr. McGann TO SHOW CAUSE as to why his case should not be dismissed 5 based on mootness grounds. Mr. McGann shall file a response by May 2, 2022. The Court 6 forewarns Mr. McGann that, if he fails to file a timely response to this order to show cause, then 7 the Court shall automatically instruct the Clerk of the Court to enter a final judgment and close the 8 file in this case. 9 This order disposes of Docket Nos. 2 and 3. 10 11 IT IS SO ORDERED. 12 13 Dated: April 15, 2022 14 15 ______________________________________ EDWARD M. CHEN 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27