Earl Simpson v. A Non-Profit Public Benefit Corp. Department of the State Hospitals

Filing 11

FINDINGS and RECOMMENDATION to Dismiss 1 Complaint with Prejudice and without Leave to Amend, signed by Magistrate Judge Michael J. Seng on 5/17/17. Referred to Judge O'Neill. Objections to F&R Due Within 14-Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL SIMPSON,

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Plaintiff,

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v.
A NON-PROFIT PUBLIC BENEFIT
CORP. DEPARTMENT OF STATE
HOSPITALS,

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CASE NO. 1:17-cv-00275-LJO-MJS
FINDINGS AND RECOMMENDATION TO
DISMISS COMPLAINT WITH PREJUDICE
AND WITHOUT LEAVE TO AMEND
(ECF NO. 1)
FOURTEEN
DEADLINE

(14)

DAY

OBJECTION

Defendant.

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Plaintiff Earl Simpson is a civil detainee proceeding pro se and in forma pauperis

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in this action brought pursuant to California Business and Professions Code § 17913.

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His complaint is before the Court for screening.

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I.

Screening Requirement

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Pursuant to 28 U.S.C. § 1915(e)(2), the Court must conduct an initial review of the

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complaint to determine if it states a cognizable claim. The Court must dismiss a

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complaint or portion thereof if it determines that the action has raised claims that are

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legally "frivolous or malicious," "fails to state a claim upon which relief may be granted,"

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or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.

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§ 1915(e)(2)(B). "Notwithstanding any filing fee, or any portion thereof, that may have

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been paid, the court shall dismiss the case at any time if the court determines that . . .

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the action or appeal . . . fails to state a claim on which relief may be granted." 28 U.S.C.

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§ 1915(e)(2)(B)(ii).

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II.

Pleading Standard

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A complaint must contain “a short and plain statement of the claim showing that

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the pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations

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are not required, but “[t]hreadbare recitals of the elements of a cause of action,

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supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S.

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662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

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Plaintiff must set forth “sufficient factual matter, accepted as true, to state a claim to relief

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that is plausible on its face.” Id. Facial plausibility demands more than the mere

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possibility that a defendant committed misconduct and, while factual allegations are

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accepted as true, legal conclusions are not. Id. at 677-78.

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III.

Plaintiff’s Allegations

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Plaintiff’s alleges that Defendants Pam Ahlin and Audrey King have failed to

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properly register the Department of State Hospitals as a fictitious business name

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pursuant to California Business and Professions Code § 17913. He seeks an order

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requiring compliance with same.

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IV.

Analysis

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A.

Lack of Jurisdiction

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Federal courts are courts of limited jurisdiction and lack inherent or general

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subject matter jurisdiction. Federal courts can adjudicate only those cases authorized by

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the United States Constitution and Congress. Generally, such cases involve diversity of

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citizenship or a federal question, or cases in which the United States is a party.

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Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994); Finley v. United States, 490

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U.S. 545 (1989). Federal courts are presumptively without jurisdiction over civil actions.

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Kokkonen, 511 U.S. at 377. Lack of subject matter jurisdiction is never waived and may

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be raised by the Court sua sponte. Attorneys Trust v. Videotape Computer Prods., Inc.,

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93 F.3d 593, 594-95 (9th Cir. 1996). "Nothing is to be more jealously guarded by a court

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than its jurisdiction. Jurisdiction is what its power rests upon. Without jurisdiction it is

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nothing." In re Mooney, 841 F.2d 1003, 1006 (9th Cir. 1988).

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1.

Diversity Jurisdiction

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28 U.S.C. § 1332(a)(1) grants federal district courts original jurisdiction over civil

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actions between “citizens of different States” where the amount in controversy exceeds

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$75,000. To show state citizenship for the purposes of the statute, a party must be a

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citizen of the United States and be domiciled in the state. Kantor v. Wellesley Galleries,

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Ltd., 704 F.2d 1088, 1090 (9th Cir. 1983).

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Here, Plaintiff is a resident of California and is suing officials of the California

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Department of State Hospitals. There are no facts to suggest any party is domiciled in

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another state, and thus there are no facts to suggest diversity of citizenship.

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Based on the foregoing the Court lacks diversity jurisdiction over Plaintiff’s claims.
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Federal Question Jurisdiction

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Under federal question jurisdiction, district courts are authorized to exercise

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original jurisdiction in “all civil actions arising under the Constitution, laws, or treaties of

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the United States.” 28 U.S.C. § 1331. A civil action can “arise under” federal law in two

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ways. Gunn v. Minton, -- U.S. --, 133 S. Ct. 1059, 1064, 185 L. Ed. 2d 72 (2013). Most

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directly, “a case arises under federal law when federal law creates the cause of action

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asserted.” Id. If, however, a claim finds its origins in state rather than federal law, federal

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jurisdiction will lie only “if a federal issue is: (1) necessarily raised, (2) actually disputed,

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(3) substantial, and (4) capable of resolution in federal court without disrupting the

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federal-state balance approved by Congress.” Id.; see also Grable & Sons Metal

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Products, Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 314 (2005).

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Plaintiff’s claim regarding the Business and Professions Code arises only under

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state law and does not raise a federal issue. Accordingly, the Court finds no basis for

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federal question jurisdiction.

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B.

Leave to Amend

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In general, a pro se Plaintiff is entitled to leave to amend unless “it appears

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beyond doubt that the plaintiff can prove no set of facts in support of his claim which

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would entitle him to relief.” Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984)

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(citation omitted). “Valid reasons for denying leave to amend include undue delay, bad

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faith, prejudice and futility.” Cal. Architectural Bldg. Prod. v. Franciscan Ceramics, 818

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F.2d 1276, 1293 (9th Cir. 1983); Lockman Found. v. Evangelical Alliance Mission, 930

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F.2d 764, 772 (9th Cir. 1991).

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Plaintiff’s only claim in this action is that Defendants are not in compliance with a

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state law which is limited in its reach and impact to state issues and involves no federal

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or constitutional question impacting Plaintiff in any conceivable way. The only relief

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Plaintiff seeks is to have this Court force Defendants to comply with that state law.

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The Court can envision no facts that would confer jurisdiction on this Court in the

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circumstances of this case. Leave to amend would be futile and should be denied.

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V.

Conclusion and Recommendation

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Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s complaint

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(ECF No. 1) be dismissed with prejudice and without further leave to amend due to

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Plaintiff’s failure to establish jurisdiction.

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The findings and recommendation will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1).

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Within fourteen (14) days after being served with the findings and recommendation,

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Plaintiff may file written objections with the Court. The document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised

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that failure to file objections within the specified time may result in the waiver of rights on

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appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v.

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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

May 17, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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