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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAMONT SAPP, 12 13 14 15 No. 2:17-cv-0863 JAM KJN P Plaintiff, v. ORDER STEFANI JOANNE GERMANOTTA, Defendant. 16 17 18 19 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 20 were served on plaintiff. (ECF No. 10.) Screening the original complaint, the magistrate judge 21 found that plaintiff brought this action pursuant to 42 U.S.C. § 1983. (Id.) The magistrate judge 22 recommended that this action be dismissed on grounds that plaintiff failed to state a potentially 23 colorable federal claim for relief. (Id.) 24 On May 15, 2017, plaintiff filed an amended complaint. (ECF No. 9.) On May 30, 2017, 25 plaintiff filed objections to the findings and recommendations. (ECF No. 12.) In the amended 26 complaint, plaintiff alleges that subject matter jurisdiction is based on diversity jurisdiction, i.e., 27 this action involves parties that are completely diverse and an amount in controversy greater than 28 $75,000. See 28 U.S.C. § 1332. (ECF No. 9.) Plaintiff alleges that he is raising claims alleging 1 1 2 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 3 based on federal law, the undersigned finds that plaintiff has not stated potentially colorable 4 claims under state law either. Plaintiff’s state law claims are fanciful and wholly incredible. 5 Accordingly, IT IS HEREBY ORDERED that, for the reasons discussed above, this action 6 is dismissed. 7 DATED: June 28, 2017 8 /s/ John A. Mendez_________________________ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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