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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RACHELLE COLLINS, 12 13 14 No. 2:16-cv-2725 MCE CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS MERCY GENERAL HOSPITAL, et al., 15 Defendants. 16 17 In this action, plaintiff, proceeding pro se and in forma pauperis, complains about alleged 18 wrongful conduct undertaken by defendants in a state court action, apparently concerning medical 19 malpractice. The complaint, however, does not allege a basis for subject matter jurisdiction in 20 this court other than citing “federal question” jurisdiction, without setting a proper basis therefor. 21 Plaintiff was accordingly ordered to show cause why this action should not be dismissed for lack 22 of subject matter jurisdiction. 23 Plaintiff has filed a response to the order to show cause. However, the response does not 24 set forth a proper basis for subject matter jurisdiction. There appears to be no federal question 25 subject matter jurisdiction. Diversity jurisdiction is also lacking because the parties are not 26 diverse. 27 28 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: January 5, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 4 collins2725.nosmj.57 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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