(PS) Sharp v. Kaiser Permanente Medical Group et al

Filing 3

ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 2/7/2017 GRANTING #2 Plaintiff's request to proceed; and no later than 2/28/2017, plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. (Reader, L)

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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 CALYSTA SHARP, 12 13 14 15 16 No. 2:17-cv-0252 TLN CKD PS Plaintiff, v. ORDER AND KAISER PERMANENTE MEDICAL GROUP, et al., ORDER TO SHOW CAUSE Defendants. 17 18 Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to 19 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by 20 Local Rule 302(c)(21). 21 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable 22 to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 23 pauperis will be granted. 28 U.S.C. § 1915(a). 24 The federal in forma pauperis statute authorizes federal courts to dismiss a case if the 25 action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, 26 or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. 27 § 1915(e)(2). The complaint does allege diversity and federal question as bases for subject matter 28 jurisdiction in this court. However, plaintiff cites a non-existent statute as the basis of federal 1 1 question jurisdiction and the complaint does not set forth the amount in controversy for assessing 2 the propriety of diversity jurisdiction. The federal courts are courts of limited jurisdiction. In the 3 absence of a basis for federal jurisdiction, plaintiff’s claims cannot proceed in this venue. 4 Because there is no basis for federal subject matter jurisdiction evident in the complaint, plaintiff 5 will be ordered to show cause why this action should not be dismissed.1 Failure to allege a proper 6 basis for subject matter jurisdiction will result in a recommendation that the action be dismissed. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted; and 9 2. No later than February 28, 2017, plaintiff shall show cause why this action should not 10 be dismissed for lack of subject matter jurisdiction. 11 Dated: February 7, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 4 sharp0252.ifp.nosmj 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The court also notes that plaintiff’s complaint involves a grievance from 2012. In response to the order to show cause, plaintiff should explain why her action is not time-barred. 2

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