Gonzalez v. Dominguez
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/14/15 RECOMMENDING that this matter be dismissed for lack of subject matter jurisdiction; referred to Judge John A. Mendez; Objections to these F&Rs due within 14 days. (Benson, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAUL GONZALEZ,
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Plaintiff,
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No. 2:15-cv-1815 JAM CKD PS
v.
FINDINGS AND RECOMMENDATIONS
JUAN DOMINGUEZ,
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Defendant.
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Plaintiff is proceeding in this action pro se and in forma pauperis. In this action, plaintiff
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alleges claims for malpractice against his former workers compensation attorney. The complaint
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fails to set forth a basis for subject matter jurisdiction.
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By order filed September 2, 2015, plaintiff was ordered to show cause why this action
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should not be dismissed for lack of subject matter jurisdiction. Plaintiff has responded to the
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order to show cause. However, plaintiff’s response fails to set forth a proper basis for subject
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matter jurisdiction and makes readily apparent that plaintiff alleges only state law claims. There
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being no evident basis for subject matter jurisdiction, the court will recommend that this action be
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dismissed.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of
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subject matter jurisdiction.
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/////
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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: September 14, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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