Rogers v. Rust et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/2013 ORDERING Plaintiff to SHOW CAUSE, by 7/17/2013, as to why this action should not be dismissed for lack of subject matter jurisdiction. (Michel, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLE ROGERS, 12 Plaintiff, 13 14 No. 2:13-cv-1230 JAM CKD PS v. ORDER GLENN RUST, et al., 15 Defendants. 16 Plaintiff is proceeding in this action pro se. Plaintiff has filed a one page complaint that is 17 18 vague and ambiguous as to what claims plaintiff is making. Plaintiff has also attached to the 19 complaint a copy of a grievance form from the Sacramento County Sheriff’s Department. The 20 complaint does not allege a basis for subject matter jurisdiction in this court. The federal courts 21 are courts of limited jurisdiction. In the absence of a basis for federal jurisdiction, plaintiff’s 22 claims cannot proceed in this venue. Because there is no basis for federal subject matter 23 jurisdiction evident in the complaint, plaintiff will be ordered to show cause why this action 24 should not be dismissed. Failure to allege a proper basis for subject matter jurisdiction will result 25 in a recommendation that the action be dismissed. 26 ///// 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that no later than July 17, 2013, plaintiff shall 2 show cause why this action should not be dismissed for lack of subject matter jurisdiction. 3 Dated: June 27, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 4 rogers1230.nosmj 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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