Collins v. Mercy General Hospital et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/16 GRANTING 2 Motion to Proceed IFP. No later than 12/14/16, plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RACHELLE COLLINS,

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No. 2:16-cv-2725 MCE CKD PS

Plaintiff,
v.

ORDER AND

MERCY GENERAL HOSPITAL, et al.,

ORDER TO SHOW CAUSE

Defendants.

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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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In the complaint, plaintiff complains about alleged wrongful conduct undertaken by

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defendants in a state court action, which action appears to have been one for medical malpractice.

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The complaint, however, does not allege a basis for subject matter jurisdiction in this court other

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than citing “federal question” jurisdiction, without setting a proper basis therefor. The federal

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

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plaintiff’s claims cannot proceed in this venue. Because there is no basis for federal subject
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matter jurisdiction evident in the complaint, and diversity jurisdiction is lacking, plaintiff will be

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ordered to show cause why this action should not be dismissed. Failure to allege a proper basis

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for subject matter jurisdiction 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;

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2. No later than December 14, 2016, plaintiff shall show cause why this action should

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not be dismissed for lack of subject matter jurisdiction.

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Dated: December 1, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 collins2725.ifp.nosmj

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