Iegorova v. Fairwood Apartment
Filing
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 8/19/15: 2 Motion to proceed in forma pauperis is granted. No later than September 1, 2015, plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LIUDMYLA IEGOROVA,
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Plaintiff,
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v.
No. 2:15-cv-1651 MCE CKD PS
ORDER AND
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FAIRWOOD APARTMENT,
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Defendant.
ORDER TO SHOW CAUSE
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Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to
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28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by
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Local Rule 302(c)(21).
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Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable
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to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma
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pauperis will be granted. 28 U.S.C. § 1915(a).
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The federal in forma pauperis statute authorizes federal courts to dismiss a case if the
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action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted,
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or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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§ 1915(e)(2). The complaint does not allege a basis for subject matter jurisdiction in this court.
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The federal courts are courts of limited jurisdiction. In the absence of a basis for federal
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jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for federal
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subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause why
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this action should not be dismissed. Failure to allege a proper basis for subject matter jurisdiction
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will result in a recommendation that the action be dismissed.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted; and
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2. No later than September 1, 2015, plaintiff shall show cause why this action should not
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be dismissed for lack of subject matter jurisdiction.
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Dated: August 19, 2015
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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