(PS) Gonzalez v. Dominguez, No. 2:2015cv01815 - Document 5 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/14/15 RECOMMENDING that this matter be dismissed for lack of subject matter jurisdiction; referred to Judge John A. Mendez; Objections to these F&Rs due within 14 days. (Benson, A)
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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 RAUL GONZALEZ, 12 Plaintiff, 13 14 No. 2:15-cv-1815 JAM CKD PS v. FINDINGS AND RECOMMENDATIONS JUAN DOMINGUEZ, 15 Defendant. 16 17 Plaintiff is proceeding in this action pro se and in forma pauperis. In this action, plaintiff 18 alleges claims for malpractice against his former workers compensation attorney. The complaint 19 fails to set forth a basis for subject matter jurisdiction. 20 By order filed September 2, 2015, plaintiff was ordered to show cause why this action 21 should not be dismissed for lack of subject matter jurisdiction. Plaintiff has responded to the 22 order to show cause. However, plaintiff’s response fails to set forth a proper basis for subject 23 matter jurisdiction and makes readily apparent that plaintiff alleges only state law claims. There 24 being no evident basis for subject matter jurisdiction, the court will recommend that this action be 25 dismissed. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of 26 27 subject matter jurisdiction. 28 ///// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: September 14, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 4 gonzalez1815.nosmj.57 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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