Mora v. UCSF

Filing 6

ORDER DISMISSING CASE FOR LACK OF FEDERAL JURISDICTION. Signed by Judge Claudia Wilken on 8/22/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 8/22/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 CARMEN MORA, Plaintiff, 7 8 9 United States District Court For the Northern District of California 10 11 12 No. C 13-3888 CW ORDER DISMISSING CASE FOR LACK OF FEDERAL JURISDICTION v. UNIVERSITY OF CALIFORNIA at SAN FRANCISCO, Defendant. ________________________________/ On August 22, 2013, Edgar Mora filed a complaint on behalf of 13 his mother, Plaintiff Carmen Mora, seeking a court order 14 compelling the University of California at San Francisco to admit 15 Plaintiff to its hospital. 16 complaint alleges that Plaintiff was recently discharged from the 17 hospital’s intensive care unit but remains in need of medical 18 services. 19 this action presents a life or death situation,” Magistrate Judge 20 LaPorte construed Plaintiff’s complaint as a request for a 21 temporary restraining order and reassigned the matter to the 22 undersigned judge. 23 Id. Docket No. 1, Complaint, Ex. I. The After Plaintiff’s son “informed the Court that Docket No. 4, Order Reassigning Case. After reviewing the complaint, the Court finds that Plaintiff 24 has not identified a basis for federal subject matter 25 jurisdiction. 26 diversity of citizenship as the only basis of jurisdiction but 27 also indicates that both parties in this action are citizens of 28 the State of California. The cover sheet to her complaint identifies Accordingly, this action must be 1 dismissed. 2 requested here in state court. 3 Plaintiff may attempt to seek the relief that she has IT IS SO ORDERED. 4 5 6 Dated: 8/22/2013 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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