Melinda L Daire v. Roger Mason et al

Filing 4

ORDER DISMISSING ACTION FOR LACK OF JURISDICTION by Judge Stephen V. Wilson, (See document for further details.) (rla)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 MELINDA DAIRE, Plaintiff, 12 13 Case No. CV 13-00973 SVW (AN) ORDER DISMISSING ACTION FOR LACK OF JURISDICTION v. 14 ROGER MASON, et al., 15 Defendants. 16 17 18 On February 11, 2013, plaintiff Melinda Daire commenced this action by filing her 19 pro se complaint alleging claims for intentional infliction of emotional distress, abuse of 20 process, civil conspiracy and fraud. (Complt. at 1.) 21 "Federal courts are always under an independent obligation to examine their own 22 jurisdiction, . . . and a federal court may not entertain an action over which it has no 23 jurisdiction." Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000) (per curiam; 24 citations and quotations omitted). "If the court determines at any time that it lacks subject25 26 matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). Consequently, "[a] court may raise the question of subject matter jurisdiction, sua 27 sponte, at any time during the pendency of the action[.]" Snell v. Cleveland, Inc., 316 F.3d 28 822, 826 (9th Cir. 2002); see also Scholastic Entm 't, Inc. v. Fox Entm 't Group, Inc., 336 1 F.3d 982, 985 (9th Cir. 2003) ("While a party is entitled to notice and an opportunity to 2 respond when a court contemplates dismissing a claim on the merits, it is not so when the 3 dismissal is for lack of subject matter jurisdiction.") (citations omitted). 4 This Court lacks jurisdiction over Plaintiffs complaint because it fails to set forth any 5 specific facts that remotely establish this Court has diversity or federal question jurisdiction. 6 At best, the vague and conclusory allegations only raise non-cognizable state tort claims. 7 Accordingly, for the foregoing reasons, the Court finds it lacks subject matter 8 jurisdiction. Therefore, the complaint is dismissed. 9 10 11 12 13 DATED: June 4, 2013 STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page2

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