Dean v. Combs et al.

Filing 3

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 12/1/2016 ORDERING that plaintiff's 2 Motion to Proceed IFP is GRANTED. No later than 12/14/2016, plaintiff shall SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEAN,

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No. 2:16-cv-2776 TLN CKD PS

Plaintiff,
v.

ORDER AND

STEVE COMBS, 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 what appears to be a breach of contract dispute

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involving landscaping services. The complaint, however, does not allege a basis for subject

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matter jurisdiction in this court other than citing “federal question” jurisdiction, without setting a

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proper basis therefor. The complaint only cites “$2,000,000” as the basis for federal question

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

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

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plaintiff will be ordered to show cause why this action should not be dismissed. Failure to allege

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a proper basis for subject matter jurisdiction will result in a recommendation that the action be

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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 dean2776.ifp.nosmj

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