(PS) Yegorov v. Carmichael Adventist Church, No. 2:2015cv01543 - Document 4 (E.D. Cal. 2015)

Court Description: FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/18/2015 RECOMMENDING that this action be dismissed for lack of subject matter jurisdiction; REFERRING this matter to Judge Troy L. Nunley; ORDERING that objections be filed within fourteen days. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DMITRIY YEGOROV, 12 13 14 15 No. 2:15-cv-1543 TLN CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CARMICHAEL ADVENTIST CHURCH, Defendant. 16 17 Plaintiff is proceeding in this action pro se and in forma pauperis. In this action, plaintiff 18 alleges claims against a church arising out of an alleged assault. The complaint fails to set forth a 19 basis for subject matter jurisdiction. 20 By order filed July 23, 2015, plaintiff was ordered to show cause no later than August 7, 21 2015 why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiff has 22 not filed a response to the order to show cause. There being no evident basis for subject matter 23 jurisdiction, the court will recommend that this action be dismissed. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: August 18, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 4 yegorov1543.nosmj.57 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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