Yegorov v. Japan

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/18/2018 GRANTING 2 Motion to Proceed In Forma Pauperis and DIRECTING Plaintiff, no later than 7/6/2018, to SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DMITRIY YEGOROV,

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No. 2:18-cv-01731 KJM CKD (PS)

Plaintiff,
v.

ORDER

JAPAN,

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Defendant.

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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. The federal courts are courts of limited jurisdiction. In the absence of a basis for
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federal jurisdiction, plaintiff’s claims cannot proceed in this venue. Because there is no basis for

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federal subject matter jurisdiction evident in the complaint, plaintiff will be ordered to show cause

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why this action should not be dismissed. Failure to allege a proper basis for subject matter

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jurisdiction 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 July 6, 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: June 18, 2018

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2/ yegorov1731.ifp-nojuris

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