Alfaro v. Johnson

Filing 3

ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 10/29/2012 ORDERING Within 21 days from the date of this order, plaintiff shall submit the appropriate filing fee; and no later than 11/12/2012, plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIKAELLA ALFARO,

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Plaintiff,

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vs.

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No. 2:12-CV-2543 JAM CKD PS

FRED JOHNSON,

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Defendant.
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ORDER AND ORDER TO SHOW CAUSE

Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in

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which she states that she receives monthly income in the amount of $5400.00 and has $75,000 in

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her checking account.

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil

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action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the

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commencement of an action "without prepayment of fees and costs or security therefor, by a

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person who makes affidavit that he is unable to pay such costs or give security therefor." 28

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U.S.C. § 1915(a). The amount of plaintiff’s earnings and assets shows that plaintiff is able to pay

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the filing fee and costs. Thus, plaintiff has made an inadequate showing of indigency. See

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Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men's Colony v.

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Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D.

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Cal. 1994). Plaintiff will therefore be granted twenty-one days in which to submit the

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appropriate filing fee to the Clerk of the Court. Plaintiff is cautioned that failure to pay the fee

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will result in a recommendation that the application to proceed in forma pauperis be denied and

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the instant action be dismissed without prejudice.

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In the complaint, plaintiff complains about the actions of an individual who is not

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a state actor. The complaint, however, does not allege a basis for subject matter jurisdiction in

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this court. The federal courts are courts of limited jurisdiction. In the absence of a basis for

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federal jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for

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federal subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show

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cause why this action should not be dismissed. Failure to allege a proper basis for subject matter

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jurisdiction will result in a recommendation that the action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-one days from the date of this order, plaintiff shall submit the

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appropriate filing fee; and

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2. No later than November 12, 2012, plaintiff shall show cause why this action
should not be dismissed for lack of subject matter jurisdiction.

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Dated: October 29, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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alfaro2543.den.nosmj

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