Lopez, et al. v. U.S. Superior Courts, et al.

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/24/17 ORDERING that Plaintiffs' Requests to proceed in forma pauperis 2 and 3 are GRANTED; No later than 9/7/2017, Plaintiffs shall SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction.(Mena-Sanchez, L)

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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 ROBERT LOPEZ, et al., 12 13 14 15 No. 2:17-cv-01493-KJM-CKD (PS) Plaintiff, v. ORDER U.S. SUPERIOR COURTS, et al., Defendant. 16 17 Plaintiffs are proceeding in this action pro se. Plaintiffs have requested authority pursuant 18 to 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 Plaintiffs have submitted the affidavit required by § 1915(a) showing that plaintiffs are 21 unable to prepay fees and costs or give security for them. Accordingly, the requests to proceed in 22 forma pauperis will be granted. 28 U.S.C. § 1915(a). 23 In the complaint, plaintiffs complain about an unlawful detainer action in state court, and 24 the failure to have a jury trial for said action. The complaint, however, does not allege a valid 25 basis for subject matter jurisdiction in this court. The federal courts are courts of limited 26 jurisdiction. In the absence of a basis for federal jurisdiction, plaintiff’s claims cannot proceed in 27 this venue. Because there is no valid basis for federal subject matter jurisdiction evident in the 28 complaint, plaintiff will be ordered to show cause why this action should not be dismissed. 1 1 Failure to allege a proper basis for subject matter jurisdiction will result in a recommendation that 2 the action be dismissed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiffs’ requests to proceed in forma pauperis (ECF Nos. 2 & 3) are granted; 5 2. No later than September 7, 2017, plaintiffs shall show cause why this action should not 6 be dismissed for lack of subject matter jurisdiction. 7 Dated: August 24, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 14/ps.17-1493.lopez.IFP OSC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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