Hyon v. Pagey et al

Filing 3

ORDER and ORDER TO SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 11/8/2016 GRANTING 2 Motion to Proceed IFP; ORDERING the plaintiff to show cause, by 11/23/2016, as to why this action should not be dismissed for lack of subject matter jurisdiction. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JUNHO HYON,

12

Plaintiff,

13
14

No. 2:16-cv-2626 JAM CKD PS

v.

ORDER AND

LAURA PAGEY, et al.,

15

ORDER TO SHOW CAUSE

Defendants.

16
Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to

17
18

28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by

19

Local Rule 302(c)(21).
Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable

20
21

to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma

22

pauperis will be granted. 28 U.S.C. § 1915(a).
In the complaint, plaintiff complains about fraudulent actions allegedly committed by

23
24

defendants. The complaint, however, does not allege a basis for subject matter jurisdiction in this

25

court. The federal courts are courts of limited jurisdiction. In the absence of a basis for federal

26

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

27

subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause why

28

/////
1

1

this action should not be dismissed. Failure to allege a proper basis for subject matter jurisdiction

2

will result in a recommendation that the action be dismissed.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted;

5

2. No later than November 23, 2016, plaintiff shall show cause why this action should

6

not be dismissed for lack of subject matter jurisdiction.

7

Dated: November 8, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

8
9
10
11

4 hyon2626.ifp.nosmj

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2