Summary
The United States District Court for the Northern District of California grants Jacqueline Valentine’s application to proceed in forma pauperis. The court orders her to show cause by filing an amended complaint explaining the basis for federal subject-matter jurisdiction, noting that the pleaded claims appear to arise under California law and that diversity jurisdiction has not been adequately alleged.
Holdings
- Plaintiff's application to proceed in forma pauperis was granted because sufficient cause was shown.
- The complaint failed to provide the required short and plain statement of the grounds for federal jurisdiction and did not presently establish either federal-question jurisdiction or diversity jurisdiction.
- Plaintiff was ordered to file an amended complaint establishing federal-question or diversity jurisdiction and to show cause why the case should not be dismissed.
Questions Presented
- Whether Plaintiff should be permitted to proceed in forma pauperis.
- Whether the complaint adequately pleaded a basis for federal subject matter jurisdiction.
- Whether Plaintiff should be ordered to amend the complaint or show cause why the action should not be dismissed for lack of jurisdiction.
Disposition
other
Cases Cited (6)
- Denton v. Hernandez, 504 U.S. 25, 32 (1992)(followed)
- Neitzke v. Williams, 490 U.S. 319, 325 (1989)(followed)
- People of State of Cal. ex rel. Younger v. Andrus, 608 F.2d 1247, 1249 (9th Cir. 1979)(followed)
- Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1116 (9th Cir. 2004)(followed)
- Gen. Atomic Co. v. United Nuclear Corp., 655 F.2d 968, 968-69 (9th Cir. 1981)(followed)
- Moor v. Alameda Cnty., 411 U.S. 693, 721 (1973)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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