(PS) Sharp v. Kaiser Permanente Medical Group et al, No. 2:2017cv00252 - Document 4 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/2/2017 RECOMMENDING that this action be dismissed for lack of subject matter jurisdiction. Referred to District Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Jackson, T)
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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 CALYSTA SHARP, 12 Plaintiff, 13 14 15 No. 2:17-0252 TLN CKD PS v. FINDINGS AND RECOMMENDATIONS KAISER PERMANENTE MEDICAL GROUP, et al., Defendants. 16 17 In this action, plaintiff, proceeding pro se and in forma pauperis, alleges diversity and 18 19 federal question as bases for subject matter jurisdiction in this court. However, plaintiff cites a 20 non-existent statute as the basis of federal question jurisdiction and the complaint does not set 21 forth the amount in controversy for assessing the propriety of diversity jurisdiction. Plaintiff was 22 accordingly ordered to show cause why this action should not be dismissed for lack of subject 23 matter jurisdiction. 24 Plaintiff has not filed a response to the order to show cause. There appears to be no 25 federal question subject matter jurisdiction. It also appears that diversity jurisdiction is also 26 lacking because the parties do not appear to be diverse and no amount in controversy is evident in 27 the complaint. 28 ///// 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 9 Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: March 2, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 4 sharp0252.nosmj.57 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2