Summary
The United States District Court for the Eastern District of California ordered Plaintiff Steven Quinn Singleton to show cause within 21 days regarding his unsigned complaint, the apparent absence of subject matter jurisdiction, and potentially improper venue. The court found that the complaint did not adequately allege diversity or federal-question jurisdiction and appeared to concern property and proceedings in Georgia. The court warned that failure to comply could result in sanctions, including a recommendation that the action be dismissed without prejudice.
Holdings
- An unsigned pleading must be stricken unless the party promptly corrects the deficiency after notice.
- The complaint did not adequately establish federal subject matter jurisdiction because it failed to allege the amount in controversy required for diversity jurisdiction, did not establish complete diversity, and did not plead a cognizable federal-question claim.
- Plaintiff failed to plead facts establishing that venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b), and the court required Plaintiff to show cause why the action should not be transferred if jurisdiction exists.
Questions Presented
- Whether the unsigned complaint must be stricken unless Plaintiff promptly corrects the signature deficiency.
- Whether the complaint adequately establishes federal subject matter jurisdiction through diversity jurisdiction or federal-question jurisdiction.
- Whether venue is proper in the Eastern District of California under 28 U.S.C. § 1391(b), and whether the case may be transferred if venue is improper.
Disposition
other
Cases Cited (19)
- Morongo Band of Mission Indians v. Cal. State Bd. of Equalization, 858 F.2d 1376, 1380 (9th Cir. 1988)(followed)
- Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994)(followed)
- Martinez v. Hoff, No. 1:19-cv-00923-LJO-SKO, 2019 WL 3564178, at *1 (E.D. Cal. Aug. 6, 2019)(followed)
- Caterpillar Inc. v. Lewis, 519 U.S. 61, 67-68 (1996)(followed)
- Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006)(followed)
- Gonzalez v. Thaler, 565 U.S. 134, 141 (2012)(followed)
- Hertz Corp. v. Friend, 559 U.S. 77, 80 (2010)(followed)
- Republican Party of Guam v. Gutierrez, 277 F.3d 1086, 1088-89 (9th Cir. 2002)(followed)
- Franchise Tax Bd. v. Constr. Laborers Vacation Tr., 463 U.S. 1, 8-9, 27-28 (1983)(followed)
- Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987)(followed)
Showing top 10 of 19.
Cited In (0)
No citing cases on record yet.