Alvarez v. Harder Mechanical Contractors

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in Sergio Alvarez’s action against Harder Mechanical Contractors. The court dismissed the action without prejudice for failure to establish subject-matter jurisdiction, failure to state a cognizable claim, and failure to comply with an order requiring a second amended complaint, and directed the clerk to close the case.

Holdings

1. The Findings and Recommendations were supported by the record and proper analysis and were adopted after de novo review.
2. When the district court lacks subject matter jurisdiction, dismissal is appropriate without prejudice.
3. Plaintiff's failure to file the required amended complaint, failure to establish jurisdiction, and failure to state a cognizable claim supported dismissal of the action.

Questions Presented

1. Whether the magistrate judge's Findings and Recommendations should be adopted after de novo review of Plaintiff's objections.
2. Whether the action should be dismissed for failure to comply with the court's screening order, failure to establish subject matter jurisdiction, and failure to state a cognizable claim.
3. Whether dismissal for lack of subject matter jurisdiction should be without prejudice.

Disposition

dismissed