(PS) Belvins v. Tera Investments II, Inc

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES O’NEAL BELVINS, JR., No. 2:24-cv-00830-KJM-CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS

TERA INVESTMENTS II, INC.,

Defendant.

17 Plaintiff James O’Neal Belvins, Jr., moves the court for default judgment against defendant Tera Investments II, Inc. (ECF No. 9.) Defendant has neither appeared nor opposed the motion. The matter was deemed appropriate for decision without oral argument. (ECF No. 10.) The court lacks subject matter jurisdiction over plaintiff’s complaint. Accordingly, the motion for default judgment should be denied and the case should be dismissed. I. BACKGROUND Plaintiff paid the court costs and initiated this action with a complaint on March 18, 2024. (ECF No. 1.) Therein, plaintiff alleges he was assaulted by defendant’s employee on December 11, 2023, and struck with a bat. (Id. at 1.) Plaintiff called the police, who arrested defendant’s employee. (See id. at 21.) The district attorney…