(PC) Spearman v. Harris et al, No. 2:2021cv01215 - Document 11 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/13/2021 DISMISSING CASE without prejudice. RESOLVES 7 Findings and Recommendations. CASE CLOSED(Reader, L)

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(PC) Spearman v. Harris et al Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Reginald E. Spearman, 12 13 14 15 No. 2:21-cv-01215-KJM-KJN Plaintiff, ORDER v. Deborah A. Harris, et al., Defendants. 16 17 Plaintiff Reginald Spearman is detained and is proceeding without counsel in this matter, 18 which was referred to the assigned Magistrate Judge under this District’s Local Rules and 28 19 U.S.C. § 636(b)(1). The magistrate judge recommends dismissing the action under the screening 20 procedures of 28 U.S.C. § 1915A. ECF No. 7. Mr. Spearman objects, ECF No. 9, and the court 21 has reviewed the file de novo, see 28 U.S.C. § 636(b)(1)(C). 22 This court must ensure it has jurisdiction before considering any person’s claims. United 23 States v. Hays, 515 U.S. 737, 742 (1995). Although Mr. Spearman refers briefly to “civil rights,” 24 See Compl. at 2, ECF No. 1, he asserts no claims arising under federal law and does not allege he 25 was deprived of constitutional rights, see 28 U.S.C. § 1331; 42 U.S.C. § 1983. Nor can the court 26 infer from his allegations that the parties are diverse. See 28 U.S.C. § 1332. This court lacks 27 jurisdiction, even if not for the reasons set forth in the findings and recommendations. 1 Dockets.Justia.com 1 2 The action is dismissed without prejudice. This order resolves ECF No. 7 and closes the case. 3 IT IS SO ORDERED. 4 DATED: December 13, 2021. 5 2

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