Sharp v. California Department of Child Protective Services
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/5/17 recommending that this action be dismissed for lack of subject matter jurisdiction. F&R referred to District Judge Garland E. Burrell, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)
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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. 2:17-0496 GEB CKD PS
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
CALIFORNIA DEPARTMENT OF
CHILD PROTECTIVE SERVICES,
Defendant.
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In this action, plaintiff is proceeding pro se and in forma pauperis. Because there is no
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basis for federal subject matter jurisdiction evident in the complaint, plaintiff was ordered to show
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cause why this action should not be dismissed for lack of subject matter jurisdiction.
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Plaintiff has not filed a response to the order to show cause. There appears to be no
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federal question subject matter jurisdiction. It also appears that diversity jurisdiction is also
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lacking because the parties do not appear to be diverse.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of
subject matter jurisdiction.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: April 5, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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4 sharp0496.nosmj.57
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