Ransom et al v. Link
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/24/17 ORDERING that Plaintiffs' Request 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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CLINTON RANSOM, et al.,
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Plaintiffs,
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v.
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No. 2:17-cv-01494-MCE-CKD (PS)
GARY L. LINK,
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ORDER
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 an intentional tort, court misconduct, providing false information, business
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torts, fraud, among other claims. (ECF No. 1 at 4.) The federal courts are courts of limited
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jurisdiction. In the absence of a basis for federal jurisdiction, plaintiffs’ claims cannot proceed in
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this venue. Because there is no basis for federal subject matter jurisdiction evident in the
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complaint, plaintiffs 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.
Dated: August 24, 2017
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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14/ps.17-1494.ransom v. link.IFP OSC
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