Marty v. Estate of Jennifer-Ann:Marty et al

Filing 4

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 11/18/11 ORDERING plaintiff to show cause no later than 12/2/11 why this action should not be dismissed for lack of subject matter jurisdiction. Show Cause Response due by 12/2/2011. (Meuleman, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MARTY, 11 Plaintiff, 12 13 No. CIV S-11-3046 GEB CKD PS vs. ESTATE OF JENNIFER-ANN: MARTY, et al., 14 Defendants. 15 ORDER TO SHOW CAUSE / 16 Plaintiff is proceeding in this action pro se. The complaint filed by plaintiff, while 17 prolix and vague, appears to address matters that should be resolved in a state court probate 18 action. 19 The federal courts are courts of limited jurisdiction. In the absence of a basis for 20 federal jurisdiction, plaintiff’s claims cannot proceed in this venue. There is no basis for federal 21 subject matter jurisdiction evident in the complaint. 22 \\\\ 23 \\\\ 24 \\\\ 25 \\\\ 26 \\\\ 1 Accordingly, IT IS HEREBY ORDERED that no later than December 2, 2011, 2 plaintiff shall show cause why this action should not be dismissed for lack of subject matter 3 jurisdiction. 4 Dated: November 18, 2011 5 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 4 marty.nosmj.osc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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