Collins v. Mercy General Hospital et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/5/17 recommending that this action be dismissed for lack of subject matter jurisdiction. F&R referred to Judge Morrison C. England, Jr. Objections to F&R due within fourteen days. (Kaminski, H)

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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.

FINDINGS AND RECOMMENDATIONS

MERCY GENERAL HOSPITAL, et al.,

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Defendants.

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In this action, plaintiff, proceeding pro se and in forma pauperis, complains about alleged

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wrongful conduct undertaken by defendants in a state court action, apparently concerning medical

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

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this court other than citing “federal question” jurisdiction, without setting a proper basis therefor.

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Plaintiff was accordingly ordered to show cause why this action should not be dismissed for lack

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of subject matter jurisdiction.

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Plaintiff has filed a response to the order to show cause. However, the response does not

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set forth a proper basis for subject matter jurisdiction. There appears to be no federal question

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subject matter jurisdiction. Diversity jurisdiction is also lacking because the parties are not

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diverse.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of
subject matter jurisdiction.

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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: January 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 collins2725.nosmj.57

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