Bell v. Frank Penny Law Firm, et al.

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/6/2017 GRANTING 2 Motion to Proceed IFP. No later than 1/20/2017 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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JAMES BELL,

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Plaintiff,

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No. 2:16-cv-3051 JAM CKD PS

v.

ORDER

FRANK PENNY LAW FIRM, et al.,

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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).
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).
In the complaint, plaintiff complains about monies that were used from the settlement of a

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civil action arising out of an auto accident. The complaint, however, does not allege a basis for

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subject matter jurisdiction in this court. The federal courts are courts of limited jurisdiction. In

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the absence of a basis for federal jurisdiction, plaintiff’s claims cannot proceed in this venue.

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Because there is no basis for federal subject matter jurisdiction evident in the complaint, plaintiff

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

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basis 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 January 20, 2017, plaintiff shall show cause why this action should not

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be dismissed for lack of subject matter jurisdiction.

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Dated: January 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 bell3051.ifp-nosmj

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