Lorretz v. U.S.A. et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/14/2018 GRANTING 2 Motion to Proceed IFP. Plaintiff shall SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction by 3/28/2018.(Hunt, G)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DIANA LEE WALLACH LORRETZ,
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No. 2:18-cv-00521 TLN CKD (PS)
Plaintiff,
v.
ORDER
U.S.A., et al.,
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Defendants.
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Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to
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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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Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable
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to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma
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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).
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Here, plaintiff’s brief and conclusory allegations do not state a federal claim against any
defendant. Although the court may exercise supplemental jurisdiction over state law claims,
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plaintiff must first have a cognizable claim for relief under federal law. See 28 U.S.C. § 1367.
The federal courts are courts of limited jurisdiction. In the absence of a basis for federal
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jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for federal
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subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause why
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this action should not be dismissed. Failure to allege a proper basis for subject matter jurisdiction
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will result in a recommendation that the action be dismissed.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted;
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2. No later than March 28, 2018, plaintiff shall show cause why this action should not be
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dismissed for lack of subject matter jurisdiction.
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Dated: March 14, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/lorretz0521.ifp-nojuris
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