McDaniel v. Hinch et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/2017 GRANTING 2 Motion to Proceed IFP and DIRECTING plaintiff to SHOW CAUSE, no later than 12/12/2017, why this action should not be dismissed for lack of subject matter jurisdiction. (York, M)

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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 RONNIE McDANIEL, 12 13 14 No. 2:17-cv-02448 KJM CKD (PS) Plaintiff, v. ORDER DARRYL HINCH, et al., 15 Defendants. 16 17 Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to 18 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 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable 21 to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 22 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). 27 28 Here, plaintiff’s brief and conclusory allegations do not state a federal claim against any defendant. Plaintiff has not alleged a causal connection between defendants’ actions and any 1 1 constitutional or federal violation. Although the court may exercise supplemental jurisdiction 2 over state law claims, plaintiff must first have a cognizable claim for relief under federal law. See 3 28 U.S.C. § 1367. 4 The federal courts are courts of limited jurisdiction. In the absence of a basis for federal 5 jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for federal 6 subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause why 7 this action should not be dismissed. Failure to allege a proper basis for subject matter jurisdiction 8 will result in a recommendation that the action be dismissed. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted; 11 2. No later than December 12, 2017, plaintiff shall show cause why this action should not 12 be dismissed for lack of subject matter jurisdiction. 13 Dated: November 29, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 2/mcdaniel24448.ifp-nojuris 20 21 22 23 24 25 26 27 28 2

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