Rosalyn Angela Windham El v. Mercidel Howard, et al.

Summary

The United States District Court for the Northern District of California adopted a magistrate judge’s Report and Recommendation and dismissed the case without prejudice for lack of subject matter jurisdiction. The court found no federal-question jurisdiction and no diversity jurisdiction because the parties appeared to be California residents. The court also noted that the plaintiff failed to respond to the jurisdictional order or object to the recommendation.

Holdings

1. The complaint did not establish federal-question jurisdiction because the requested ejectment from property did not arise under the United States Constitution, a federal law, or a treaty of the United States.
2. Diversity jurisdiction was absent because Windham and the defendants appeared to be residents of California.
3. The case was dismissed without prejudice for lack of subject matter jurisdiction.

Questions Presented

1. Whether the complaint established federal-question jurisdiction over Windham's ejectment claim.
2. Whether diversity jurisdiction existed when Windham and the defendants appeared to be citizens or residents of California.
3. Whether the case should be dismissed without prejudice for lack of subject matter jurisdiction after Windham failed to respond to the magistrate judge's jurisdictional order and filed no objection to the report and recommendation.

Disposition

dismissed