Rogers v. Rust et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/19/13 Recommending that this Action be dismissed for lack of subject matter jurisdiction re 1 Complaint filed by Nicole Jean Rogers. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NICOLE ROGERS,
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No. 2:13-cv-1230 JAM CKD PS
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
GLENN RUST, et al.,
Defendants.
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Plaintiff is proceeding in this action pro se. Plaintiff has filed a one page complaint that is
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vague and ambiguous as to the claims plaintiff is alleging. The complaint fails to set forth a basis
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for subject matter jurisdiction.
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By order filed June 27, 2013, plaintiff was ordered to show cause why this action should
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not be dismissed for lack of subject matter jurisdiction. Plaintiff has failed to respond to the order
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to show cause. There being no evident basis for subject matter jurisdiction, the court will
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recommend that this action be dismissed.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of
subject matter jurisdiction.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: July 19, 2013
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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