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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LOPEZ, et al.,

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No. 2:17-cv-01493-KJM-CKD (PS)

Plaintiff,
v.

ORDER

U.S. SUPERIOR COURTS, et al.,
Defendant.

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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, the requests to proceed in

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forma pauperis will be granted. 28 U.S.C. § 1915(a).

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In the complaint, plaintiffs complain about an unlawful detainer action in state court, and

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the failure to have a jury trial for said action. The complaint, however, does not allege a valid

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basis for subject matter jurisdiction in this court. The federal courts are courts of limited

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jurisdiction. In the absence of a basis for federal jurisdiction, plaintiff’s claims cannot proceed in

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this venue. Because there is no valid basis for federal subject matter jurisdiction evident in the

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complaint, plaintiff will be ordered to show cause why this action should not be dismissed.
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Failure to allege a proper basis for subject matter jurisdiction will result in a recommendation that

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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 September 7, 2017, plaintiffs shall show cause why this action should not

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be dismissed for lack of subject matter jurisdiction.

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Dated: August 24, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/ps.17-1493.lopez.IFP OSC

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