Singh, et al v. Fernandes, et al

Filing 4

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 01/06/16 ORDERING that, no later than 01/25/16, plaintiffs shall SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAJ SINGH, et al.,

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Plaintiffs,

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No. 2:15-cv-2663 MCE CKD PS

v.

ORDER TO SHOW CAUSE

TAMMY FERNANDES, et al.,

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Defendants.

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Plaintiffs are proceeding in this action pro se. The complaint names as defendants a

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former tenant of plaintiffs and the attorneys who represented the former tenant in a state court

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action against plaintiffs. Plaintiffs allege that defendants violated their constitutional rights.

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However, defendants do not appear to be state actors and therefore a claim under the Civil Rights

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Act, 42 U.S.C. § 1983, cannot lie.
The federal courts are courts of limited jurisdiction. In the absence of a basis for federal

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jurisdiction, plaintiffs’ claims cannot proceed in this venue. Because there is no basis for federal

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subject matter jurisdiction evident in the complaint, plaintiffs 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 no later than January 25, 2016, plaintiffs

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shall show cause why this action should not be dismissed for lack of subject matter jurisdiction.

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Dated: January 6, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 singh2663.osc.nosmj

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