1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBYN KELLY, Case No. 22-cv-04671-EMC

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

12 Docket Nos. 2, 4, 5

13 14 15 Currently pending before the Court is Ms. Kelly’s application to proceed in forma pauperis 16 and her motion for a TRO and preliminary injunction. 17 The Court has reviewed Ms. Kelly’s financial affidavit. Based on that affidavit, it 18 GRANTS her application to proceed in forma pauperis. Furthermore, because Ms. Kelly has 19 raised a claim implicating Martin v. Boise,

(9th Cir. 2019), the Court orders the U.S. 20 Marshals Office to serve her summons and complaint on Defendants. 21 Turning to Ms. Kelly’s motion for a TRO and a preliminary injunction, the Court denies 22 the request for relief but without prejudice. Ms. Kelly essentially objects to the closing of the 23 Marinship Park encampment. She asserts that, once the camp is closed, then she will likely be 24 arrested for unlawful daytime or overnight camping pursuant to Resolution No. 6009. At this 25 juncture, however, it appears that Ms. Kelly has an alternative housing situation – i.e., the City has 26 found a spot for her at the Muir Woods Lodge. However, should that situation change and Ms. 27 Kelly not have temporary or permanent housing, the City and its agents should be mindful of the 1 imposes criminal sanctions against homeless individuals for sleeping outdoors, on public property, 2 when no alternative shelter is available to them.”

. 3 Finally, to the extent Ms. Kelly has asked for hearings to take place via Zoom, that is the 4 current practice for the Court’s civil cases. 5 The Court DENIES Ms. Kelly’s motion for a TRO and preliminary injunction. 6 This order disposes of Docket Nos. 2, 4, and 5. 7 8 IT IS SO ORDERED. 9 10 Dated: August 22, 2022 11 12 ______________________________________ EDWARD M. CHEN 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27