Sharp v. California Department of Child Protective Services

Filing 4

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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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. 2:17-0496 GEB CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CHILD PROTECTIVE SERVICES, Defendant. 17 18 In this action, plaintiff is proceeding pro se and in forma pauperis. Because there is no 19 basis for federal subject matter jurisdiction evident in the complaint, plaintiff was ordered to show 20 cause why this action should not be dismissed for lack of subject matter jurisdiction. 21 Plaintiff has not filed a response to the order to show cause. There appears to be no 22 federal question subject matter jurisdiction. It also appears that diversity jurisdiction is also 23 lacking because the parties do not appear to be diverse. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: April 5, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 4 sharp0496.nosmj.57 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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