McGann v. City of Sausalito

Background

James McGann filed an application to proceed without paying the filing fee and a motion for a temporary restraining order, an emergency court order. He alleged that he had been denied the ability to stay at the Marinship Park encampment and had nowhere else to go. The opinion refers generally to a prior Ninth Circuit decision concerning encampments.

Rulings on the pending requests

The court granted McGann’s application to proceed without paying the filing fee. It also ordered the U.S. Marshals’ Office to serve the order, summons, and complaint on the defendants because it appeared McGann might have a viable claim for relief. The court noted that this ruling did not prevent the defendants from filing a motion to dismiss for failure to state a claim.

The court denied McGann’s motion for a temporary restraining order because it appeared to be moot, meaning the requested emergency relief might no longer be necessary. The City submitted evidence that McGann had leased a room on March 31, 2022, and that his aunt confirmed on April 8, 2022, that he was housed. The court stated that the motion was denied without prejudice.

Order to show cause and current status

The complaint sought only an order allowing McGann to camp at Marinship Park. Because the court concluded that McGann appeared to have found alternative housing, it appeared that the entire case was moot. The court ordered McGann to show cause—explain why the case should not be dismissed on mootness grounds—and required a response by May 2, 2022.

The court warned that if McGann failed to respond on time, it would instruct the Clerk of Court to enter a final judgment and close the case. The opinion states that the order disposed of Docket Nos. 2 and 3. Judge Edward M. Chen signed the order.