Kakwani et al v. Vaughn et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/4/2014 RECOMMENDING that this action be dismissed for lack of subject matter jurisdiction; Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VASU DEV KAKWANI,

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No. 2:14-cv-0655 GEB CKD PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

DAVE K & ASSOCIATES, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se. By order filed March 14, 2014, plaintiff was

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ordered to show cause why this action should not be dismissed for lack of subject matter

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jurisdiction. In response, plaintiff has filed an amended complaint alleging jurisdiction under

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Title VII. Plaintiff complains about a CPA who performed a peer review of plaintiff’s business.

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Plaintiff was not an employee of any of the defendants and plaintiff’s complaint fails to

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demonstrate why this action is properly brought under Title VII. There being no evident basis for

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subject matter jurisdiction, the court will 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: April 4, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 kakwani.nosmj.57

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