(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALYSTA SHARP,

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No. 2:17-cv-0252 TLN CKD PS

Plaintiff,
v.

ORDER AND

KAISER PERMANENTE MEDICAL
GROUP, 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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The federal in forma pauperis statute authorizes federal courts to dismiss a case if the

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action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted,

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or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.

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§ 1915(e)(2). The complaint does allege diversity and federal question as bases for subject matter

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jurisdiction in this court. However, plaintiff cites a non-existent statute as the basis of federal
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question jurisdiction and the complaint does not set forth the amount in controversy for assessing

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the propriety of diversity jurisdiction. The federal courts are courts of limited jurisdiction. In the

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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.1 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; and

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2. No later than February 28, 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: February 7, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 sharp0252.ifp.nosmj

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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.
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