(PS) Iorg v. United States of America, No. 2:2018cv02953 - Document 7 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/5/2018 RECOMMENDING that this action be dismissed for lack of jurisdiction. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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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 NICOLE ANGELIQUE IORG, 12 13 14 15 No. 2:18-cv-02953 MCE CKD (PS) Plaintiffs, v. FINDINGS AND RECOMMENDATIONS UNITED STATES OF AMERICA, Defendant. 16 17 18 19 Plaintiff is proceeding in this action pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). On November 19, 2018, the undersigned issued an order to show cause no later than 20 21 22 23 24 25 26 November 30, 2018 why this action should not be dismissed for lack of jurisdiction. Plaintiff was advised that failure to allege a proper basis for jurisdiction would result in a recommendation that this action be dismissed. In response to the order, plaintiff has filed an “Addendum to the Complaint” that does not suffice to show cause as ordered. Though plaintiff names the United States of America as the defendant, her allegations are too vague and conclusory to assert a federal claim and/or a basis for 27 federal subject matter jurisdiction. See McDaniel v. Hinch, No. 2:17-cv-02448 KJM CKD (E.D. 28 1 1 Cal.), Order dated July 11, 2018 (“[W]ith no stated claim triggering either diversity or federal 2 question jurisdiction, the complaint is properly subject to dismissal for lack of jurisdiction. Fed. 3 R. Civ. P 8(a)(2); Ashcroft v. Iqbal, 556 U.S. 662, 677 (2009).”). 4 Accordingly, IT IS RECOMMENDED that this action be dismissed for lack of 5 6 jurisdiction. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, plaintiff may file written objections 10 with the court and serve a copy on all parties. Such a document should be captioned “Objections 11 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 12 13 14 15 objections within the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: December 5, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 2/iorg2953.f&rs_nojuris 22 23 24 25 26 27 28 2