Rogers v. Rust et al

Filing 5

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLE ROGERS, 12 13 14 15 No. 2:13-cv-1230 JAM CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS GLENN RUST, et al., Defendants. 16 17 Plaintiff is proceeding in this action pro se. Plaintiff has filed a one page complaint that is 18 vague and ambiguous as to the claims plaintiff is alleging. The complaint fails to set forth a basis 19 for subject matter jurisdiction. 20 By order filed June 27, 2013, plaintiff was ordered to show cause why this action should 21 not be dismissed for lack of subject matter jurisdiction. Plaintiff has failed to respond to the order 22 to show cause. There being no evident basis for subject matter jurisdiction, the court will 23 recommend that this action be dismissed. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: July 19, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 4 rogers1230.nosmj.57 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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