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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES BELL, 12 Plaintiff, 13 14 No. 2:16-cv-3051 JAM CKD PS v. ORDER FRANK PENNY LAW FIRM, et al., 15 Defendants. 16 Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to 17 18 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by 19 Local Rule 302(c)(21). Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable 20 21 to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 22 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 23 24 civil action arising out of an auto accident. The complaint, however, does not allege a basis for 25 subject matter jurisdiction in this court. The federal courts are courts of limited jurisdiction. In 26 the absence of a basis for federal jurisdiction, plaintiff’s claims cannot proceed in this venue. 27 Because there is no basis for federal subject matter jurisdiction evident in the complaint, plaintiff 28 ///// 1 1 will be ordered to show cause why this action should not be dismissed. Failure to allege a proper 2 basis for subject matter jurisdiction will result in a recommendation that the action be dismissed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted; 5 2. No later than January 20, 2017, plaintiff shall show cause why this action should not 6 be dismissed for lack of subject matter jurisdiction. 7 Dated: January 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 4 bell3051.ifp-nosmj 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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