Ransom, et al., v. Volunteers of America Gretchen Angele
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/18/17 ORDERING that plaintiffs' 2 3 Motions to Proceed IFP are GRANTED; by 08/01/17, plaintiffs shall SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction. (Benson, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CLINTON RANSOM, et al.,
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Plaintiffs,
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v.
No. 2:17-cv-1437 MCE CKD (PS)
ORDER
VOLUNTEERS OF AMERICA, et al.,
Defendants.
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Plaintiffs are proceeding in this action pro se. Plaintiffs have requested authority pursuant
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to 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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Plaintiffs have submitted the affidavit required by § 1915(a) showing that plaintiffs are
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unable to prepay fees and costs or give security for them. Accordingly, their requests to proceed
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in forma 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, plaintiffs assert federal question jurisdiction based on the assertion that
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defendant committed business torts, fraud, civil rights violations, untenable rental conditions, and
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breach of contract, among other claims. The federal courts are courts of limited jurisdiction. In
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the absence of a basis for federal jurisdiction, plaintiffs’ claims cannot proceed in this venue.
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Because there is no basis for federal subject matter jurisdiction evident in the complaint, plaintiffs
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will be ordered to show cause why this action should not be dismissed. Failure to allege a proper
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basis for subject matter 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. Plaintiffs’ requests to proceed in forma pauperis (ECF Nos. 2 & 3) are granted;
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2. No later than August 1, 2017, plaintiffs shall show cause why this action should not be
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dismissed for lack of subject matter jurisdiction.
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Dated: July 18, 2017
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2 ransom1437.ifp-osc
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