Funman v. Ward et al

Filing 20

ORDER dismissing case. Signed by Judge Ronald M. Whyte on 9/30/14. (rmwlc1, COURT STAFF) (Filed on 9/30/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California SAN JOSE DIVISION 11 12 RICHARD FUNMAN, Plaintiff, 13 14 15 16 Case No. C-14-03411-RMW ORDER DISMISSING CASE v. SUSAN WARD, et al., Defendant. 17 18 19 Plaintiff Richard Funman filed several documents before this court which the magistrate 20 judge interpreted as “appear[ing] to seek leave of the court to (1) remove a state court case and (2) 21 to proceed in forma pauperis.” See Dkt. Nos. 1 (complaint), 2 (first application to proceed in forma 22 pauperis), 4 (second application to proceed in forma pauperis), 5 (notice of removal), and 6 23 (magistrate judge report and recommendation). On August 7, 2014, the magistrate judge ordered 24 that the case be reassigned to a district judge. Dkt. No. 6. The magistrate judge also issued a report 25 and recommendation that the court remand the case because the court lacks subject matter 26 jurisdiction. Id. The magistrate judge also recommended that the court deny as moot plaintiff’s 27 applications to proceed in forma pauperis. Id. The undersigned subsequently adopted the magistrate 28 judge’s report and recommendation and remanded the case. Dkt. No. 14. However, the Superior ORDER DISMISSING CASE Case No. C-14-03411-RMW RDS -1- 1 Court of California rejected the case because it has no record of any state court case. Dkt. No. 19. It 2 appears now that there is no state court case. Funman also listed two state court case numbers on the 3 complaint, neither of which apparently correlate to a state court case. Accordingly, the court adopts 4 the magistrate judge’s report and recommendation and dismisses the case for lack of jurisdiction. 5 The complaint does not contain sufficient detail such that the court can determine that it has 6 jurisdiction. 7 8 Dated: September 30, 2014 _________________________________ RONALD M. WHYTE United States District Judge 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 ORDER DISMISSING CASE Case No. C-14-03411-RMW RDS -2-

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