Ransom et al v. Link

Filing 4

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLINTON RANSOM, et al., 12 Plaintiffs, 13 v. 14 No. 2:17-cv-01494-MCE-CKD (PS) GARY L. LINK, 15 ORDER Defendants. 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, their requests to proceed 22 in forma 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, plaintiffs assert federal question jurisdiction based on the assertion that 27 defendant committed an intentional tort, court misconduct, providing false information, business 28 torts, fraud, among other claims. (ECF No. 1 at 4.) The federal courts are courts of limited 1 1 jurisdiction. In the absence of a basis for federal jurisdiction, plaintiffs’ claims cannot proceed in 2 this venue. Because there is no basis for federal subject matter jurisdiction evident in the 3 complaint, plaintiffs will be ordered to show cause why this action should not be dismissed. 4 Failure to allege a proper basis for subject matter jurisdiction will result in a recommendation that 5 the action be dismissed. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiffs’ requests to proceed in forma pauperis (ECF Nos. 2 & 3) are granted; 8 2. No later than September 7, 2017, plaintiffs shall show cause why this action should not 9 10 be dismissed for lack of subject matter jurisdiction. Dated: August 24, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 14/ps.17-1494.ransom v. link.IFP OSC 18 19 20 21 22 23 24 25 26 27 28 2

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