Bockari v. California Victim Compensation & Government Claims Board

Filing 3

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 12/20/12. IT IS HEREBY ORDERED that plaintiff shall submit, within 20 days from the date of this order, either a completed application and affidavit in support of his req uest to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed. The Clerk of the Court is DIRECTED to send plaintiff a new Application to Proceed In Forma Pauperis. No later than 1/25/13, plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BOCKARI,

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Plaintiff,

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vs.

No. 2:12-cv-3043 GEB CKD PS

CALIFORNIA VICTIM COMPENSATION
& GOVERNMENT CLAIMS BOARD,

ORDER AND

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Defendant.
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ORDER TO SHOW CAUSE
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Plaintiff has not paid the fee ordinarily required to file an action in this court, and

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has filed an incomplete application to proceed without prepayment of fees. See 28 U.S.C.

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§§ 1914(a), 1915(a). Plaintiff states he receives disability or worker’s compensation payments,

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but does not state the amounts. Plaintiff also has not indicated whether he has other sources of

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income, such as gifts or inheritances or any other sources. Plaintiff will be provided the

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opportunity to submit either the appropriate and completed affidavit in support of a request to

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proceed in forma pauperis or the appropriate filing fee.

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In the complaint, plaintiff complains about the actions of a state agency and the

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manner in which it has calculated payments to plaintiff, who is allegedly the victim of a violent

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crime. The complaint, however, does not allege a basis for subject matter jurisdiction in this

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court. The federal courts are courts of limited jurisdiction. In the absence of a basis for federal
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jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for federal

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

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

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will result in a recommendation that the action be dismissed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within twenty days from the date of this order, either a

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completed application and affidavit in support of his request to proceed in forma pauperis on the

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form provided by the Clerk of Court, or the appropriate filing fee; plaintiff's failure to comply

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with this order will result in a recommendation that this action be dismissed.

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed
In Forma Pauperis.

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3. No later than January 25, 2013, plaintiff shall show cause why this action
should not be dismissed for lack of subject matter jurisdiction.

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Dated: December 20, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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bockari3043.inc.osc

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