Machado v. Lizarraga

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/22/18 Recommending that this action be dismissed for lack of jurisdiction re 1 Complaint filed by Juanita Machado. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley. Objections to these F&Rs due within fourteen days. (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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JUANITA MACHADO,

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No. 2:17-cv-02430 TLN CKD (PS)

Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

J. A. LIZARRAGA,

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Defendant.

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Plaintiff is proceeding in this action pro se. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c).
On November 29, 2017, the undersigned issued an order to show cause why this action

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should not be dismissed for lack of subject matter jurisdiction. On January 12, 2018, plaintiff

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filed a response asserting diversity jurisdiction. 28 U.S.C. § 1332 authorizes district courts to

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exercise original jurisdiction in cases in which the amount in controversy exceeds the sum or

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value of $75,000.00 and the parties are citizens of different states. Diversity jurisdiction requires

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complete diversity, meaning every plaintiff must be diverse from every defendant. Id. Plaintiff is

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a California resident suing the Warden of a California prison, and her response does not suffice to

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show federal jurisdiction over this action.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of
jurisdiction.
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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: January 22, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/machado2430.nojuris_fr

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