James v. Comier
Filing
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ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 6/3/2016 GRANTING 2 Plaintiff's Request to Proceed in forma pauperis; No later than 6/17/2016 plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction.(Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TYRONE JAMES,
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Plaintiff,
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No. 2:16-cv-1108 TLN CKD PS
v.
ORDER AND
SUSAN COMIER,
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ORDER TO SHOW CAUSE
Defendant.
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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).
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 complaint names as a defendant an individual who was present at the skilled nursing
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facility where plaintiff resides. It is not clear from the complaint whether the named defendant is
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a fellow resident or an employee of the facility. Plaintiff alleges that defendant violated his civil
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rights. However, defendant does not appear to be a state actor and therefore a claim under the
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Civil Rights Act, 42 U.S.C. § 1983, cannot lie.
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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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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted;
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2. No later than June 17, 2016, plaintiff shall show cause why this action should not be
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dismissed for lack of subject matter jurisdiction. Failure to establish a proper basis for subject
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matter jurisdiction will result in a recommendation that this action be dismissed without
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prejudice.
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Dated: June 3, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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