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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VASU DEV KAKWANI, 12 13 14 15 No. 2:14-cv-0655 GEB CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS DAVE K & ASSOCIATES, et al., Defendants. 16 17 Plaintiff is proceeding in this action pro se. By order filed March 14, 2014, plaintiff was 18 ordered to show cause why this action should not be dismissed for lack of subject matter 19 jurisdiction. In response, plaintiff has filed an amended complaint alleging jurisdiction under 20 Title VII. Plaintiff complains about a CPA who performed a peer review of plaintiff’s business. 21 Plaintiff was not an employee of any of the defendants and plaintiff’s complaint fails to 22 demonstrate why this action is properly brought under Title VII. There being no evident basis for 23 subject matter jurisdiction, the court will 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: April 4, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 4 kakwani.nosmj.57 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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