(PC) Sapp v. Germanotta

Filing 14

ORDER signed by District Judge John A. Mendez on 6/28/17 ORDERING that for the reasons discussed in this Order, this action is DISMISSED. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAMONT SAPP,

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No. 2:17-cv-0863 JAM KJN P

Plaintiff,
v.

ORDER

STEFANI JOANNE GERMANOTTA,
Defendant.

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Plaintiff is a state prisoner proceeding without counsel. The matter was referred to a
United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 17, 2017, the magistrate judge filed findings and recommendations herein which

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were served on plaintiff. (ECF No. 10.) Screening the original complaint, the magistrate judge

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found that plaintiff brought this action pursuant to 42 U.S.C. § 1983. (Id.) The magistrate judge

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recommended that this action be dismissed on grounds that plaintiff failed to state a potentially

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colorable federal claim for relief. (Id.)

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On May 15, 2017, plaintiff filed an amended complaint. (ECF No. 9.) On May 30, 2017,

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plaintiff filed objections to the findings and recommendations. (ECF No. 12.) In the amended

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complaint, plaintiff alleges that subject matter jurisdiction is based on diversity jurisdiction, i.e.,

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this action involves parties that are completely diverse and an amount in controversy greater than

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$75,000. See 28 U.S.C. § 1332. (ECF No. 9.) Plaintiff alleges that he is raising claims alleging
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breach of contract, breach of fiduciary duty and fraud. (Id. at 3.)
To the extent the magistrate judge erred in finding that subject matter jurisdiction was

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based on federal law, the undersigned finds that plaintiff has not stated potentially colorable

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claims under state law either. Plaintiff’s state law claims are fanciful and wholly incredible.

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Accordingly, IT IS HEREBY ORDERED that, for the reasons discussed above, this action

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is dismissed.

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DATED: June 28, 2017

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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