Razavi v. Lucky Supermarket Corporation et al

Filing 5

ORDER TO SHOW CAUSE. Re: Dkt. No. 1 . Razavi to show cause why her complaint should not be dismissed in writing and must either consent or decline magistrate judge jurisdiction by 8/8/2016. Signed by Judge Nathanael Cousins on 7/25/2016. (lmh, COURT STAFF) (Filed on 7/25/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELINA RAZAVI,

United States District Court
Northern District of California

Case No. 16-cv-04119 NC

Plaintiff,

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ORDER TO SHOW CAUSE

v.

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Re: Dkt. No. 1
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LUCKY SUPERMARKET
CORPORATION, et al.,
Defendants.

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Plaintiff Melina Razavi, proceeding pro se, has filed a letter with the Court alleging that

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she was struck by a Lucky Store employee on December 6, 2012, with a red store shopping

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basket. Dkt. No. 1. She has also filed a motion for leave to proceed in forma pauperis. Dkt. No.

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2.

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However, Razavi’s letter does not allege diversity of citizenship or a federal cause of

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action and does not satisfy the rules of pleading under Federal Rule of Civil Procedure 8(a).

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Therefore, Razavi is ordered to show cause why her complaint should not be dismissed. She is

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also reminded that she must either consent to or decline the jurisdiction of a magistrate judge

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under U.S.C. § 636(c). A form is attached to make this decision. Also attached is a letter

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providing guidance to additional resources the Court provides pro se litigants. Razavi must

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respond to this order and must either consent or decline magistrate judge jurisdiction by August 8,

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2016.

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Under 28 U.S.C. § 1915(a), “any court of the United States may authorize the

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commencement . . . of any suit . . . without prepayment of fees or security therefor, by a

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person who submits an affidavit that includes a statement . . . that the person is unable to

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pay such fees or give security therefor.” A district court must dismiss the complaint of an

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in forma pauperis (IFP) applicant if it determines that the complaint is frivolous or fails to

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state a claim upon which relief can be granted. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith,

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203 F.3d 1122, 1126-27 (9th Cir. 2000). “Dismissals on these grounds are often made sua

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sponte prior to the issuance of process, so as to spare prospective defendants the

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inconvenience and expense of answering such complaints.” Neitzke v. Williams, 490 U.S.

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319, 324 (1989).

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Here, Razavi has shown in her IFP application that she is unable to pay the filing fee

United States District Court
Northern District of California

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required to file a complaint in federal district court. Dkt. No. 2. However, upon review of her

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allegations, the Court finds that, liberally construed, her complaint does not pass § 1915 review

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and should be dismissed for lack of federal subject matter jurisdiction. Federal Rule of Civil

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Procedure 8 requires that a complaint must contain: (1) a short plain statement of the grounds for

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the court’s jurisdiction; (2) a short and plain statement of the claim showing that the pleader is

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entitled to relief; and (3) a demand for the relief sought. Razavi’s complaint sets forth the relevant

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facts, but does not state the legal basis for a claim, the relief sought, or the basis for the Court’s

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jurisdiction. Therefore, the Court orders Razavi to show cause why her complaint should not be

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dismissed. She must respond to this order in writing and also must either consent to or decline

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magistrate judge jurisdiction by August 8, 2016.

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IT IS SO ORDERED.

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Dated: July 25, 2016

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELINA RAZAVI,

Case No. 16-cv-04119 NC

Plaintiff,
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v.

CONSENT OR DECLINATION TO
MAGISTRATE JUDGE JURISDICTION

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LUCKY SUPERMARKET
CORPORATION, et al.,
Defendants.

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INSTRUCTIONS: Please indicate below by checking one of the two boxes whether
you (if you are the party) or the party you represent (if you are an attorney in the case)

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United States District Court
Northern District of California

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choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form

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below your selection.

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( ) Consent to Magistrate Judge Jurisdiction

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In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to

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have a United States magistrate judge conduct all further proceedings in this case,

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including trial and entry of final judgment. I understand that appeal from the judgment

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shall be taken directly to the United States Court of Appeals for the Ninth Circuit.
OR

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( ) Decline Magistrate Judge Jurisdiction

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In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United

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States magistrate judge conduct all further proceedings in this case and I hereby request

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that this case be reassigned to a United States district judge.

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DATE:

NAME:
COUNSEL FOR:
(OR “PRO SE:)

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__________________________________
Signature

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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280 South 1st Street
San Jose, CA 95113

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www.cand.uscourts.gov
SUSAN Y. SOONG
CLERK OF COURT

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To:
Re:

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GENERAL COURT NUMBER
408-535-5363

Dear Pro Se Litigant:

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Pro Se Litigant
Representing Yourself Before This Court

If you are representing yourself in federal court without representation by an attorney,
that is called proceeding “pro se.” The court has free resources to help you find your way

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United States District Court
Northern District of California

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through the court system and procedures. The Federal Pro Se Program at the San Jose

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Courthouse provides free information and limited-scope legal advice to pro se litigants in

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federal civil cases. The Federal Pro Se Program is available by appointment and on a drop-in

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basis. The Federal Pro Se Program is available at Room 2070 in the San Jose United States

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Courthouse (Monday to Thursday 1:00 – 4:00 pm, on Friday by appointment only), and The

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Law Foundation of Silicon Valley, 152 N. 3rd Street, 3rd Floor, San Jose, CA (Monday to

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Thursday 9:00 am –12:00 pm, on Friday by appointment only), or by calling [phone].

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There are also online resources available on the court’s webpage. The Pro Se
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Handbook, found at http://www.cand.uscourts.gov/prosehandbook, has a downloadable version
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of the court’s own publication: Representing Yourself in Federal Court: A Handbook for Pro
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Se Litigants. Pay special attention to the Civil Litigation Packets tab on the left, which
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provides useful fillable forms. The Pro Se Handbook website also has a link to the Court’s
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Electronic Case Filing (ECF) website.
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Susan Y. Soong

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Clerk, United States District Court

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELINA RAZAVI,

Case No. 16-cv-04119-NC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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United States District Court
Northern District of California

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LUCKY SUPERMARKET
CORPORATION, et al.,
Defendants.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on July 25, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Melina Razavi
1200 Franklin Mall
Santa Clara, CA 95050

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Dated: July 25, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lili Harrell, Deputy Clerk to the
Honorable NATHANAEL M. COUSINS

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