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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR B. JAMIE, JR., 12 13 14 15 No. 2:17-cv-01352 JAM CKD (PS) Plaintiff, v. ORDER AMERICAN RIVER COLLEGE, Defendant. 16 17 Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to 18 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by 19 Local Rule 302(c)(21). 20 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable 21 to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 22 pauperis will be granted. 28 U.S.C. § 1915(a). 23 The federal in forma pauperis statute authorizes federal courts to dismiss a case if the 24 action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, 25 or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. 26 § 1915(e)(2). Here, plaintiff asserts federal question jurisdiction based on his claim that 27 defendant American River College has not processed his student loan money. However, this is 28 not a valid basis for federal subject matter jurisdiction, and there is no evident basis for diversity 1 1 jurisdiction. The federal courts are courts of limited jurisdiction. In the absence of a basis for 2 federal jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for 3 federal subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause 4 why this action should not be dismissed. Failure to allege a proper basis for subject matter 5 jurisdiction will result in a recommendation that the action be dismissed. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted; and 8 2. No later than July 21, 2017, plaintiff shall show cause why this action should not be 9 10 dismissed for lack of subject matter jurisdiction. Dated: July 7, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 2 jaime1352.ifp-osc 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?