(PS) Hawk v. Flix North America, Inc et al
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 05/17/23 ADOPTING 3 Findings and Recommendations in full, DENYING AS MOOT 2 Motion to Proceed IFP and DISMISSING action for lack of subject matter jurisdiction. CASE CLOSED (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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No. 2:23–cv–00049–KJM CKD PS
SHAWN HAWK,
ORDER
v.
FLIX NORTH AMERICA, INC., et al.,
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Defendants.
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Plaintiff is proceeding in this action pro se. The matter was referred to a United States
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Magistrate Judge as provided by Local Rule 302(c). On April 4, 2023, the magistrate judge
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recommended this action be dismissed for lack of subject matter jurisdiction. ECF No. 3.
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Plaintiff objected. ECF No. 4.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having reviewed the file, the court finds the
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findings and recommendations to be supported by the record and by the proper analysis.
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Plaintiff’s allegations about a bus ticket refund and a canceled quarter-million-dollar meeting do
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not support a claim to this court’s subject matter jurisdiction. See Nietzke v. Williams,
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490 U.S. 319, 325 (1989); Hagans v. Lavine, 415 U.S. 528, 536–37 (1974). He may be able to
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pursue relief in another more appropriate venue.
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/////
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Accordingly, IT IS ORDERED that:
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1. The April 4, 2023 findings and recommendations (ECF No. 3) are adopted in full;
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2. Plaintiff’s motion to proceed in forma pauperis is DENIED AS MOOT;
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3. The action is DISMISSED for lack of subject matter jurisdiction; and
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4. The Clerk of Court shall CLOSE this case.
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DATED: May 17, 2023.
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