Jaime, Jr. v. American River College

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/2017 GRANTING 2 Motion to Proceed IFP. Plaintiff shall SHOW CAUSE by 7/21/2017 why this action should not be dismissed for lack of subject matter jurisdiction. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR B. JAMIE, JR.,

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No. 2:17-cv-01352 JAM CKD (PS)

Plaintiff,
v.

ORDER

AMERICAN RIVER COLLEGE,
Defendant.

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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). Here, plaintiff asserts federal question jurisdiction based on his claim that

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defendant American River College has not processed his student loan money. However, this is

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not a valid basis for federal subject matter jurisdiction, and there is no evident basis for diversity
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jurisdiction. The federal courts are courts of limited jurisdiction. In the absence of a basis for

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federal jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for

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federal subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause

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why this action should not be dismissed. Failure to allege a proper basis for subject matter

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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 July 21, 2017, plaintiff shall show cause why this action should not be

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dismissed for lack of subject matter jurisdiction.
Dated: July 7, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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