(PS) Herships v. CA Sup Ct County of Yolo

Good Law
United States District Court, Eastern District of CaliforniaOctober 21, 20242:24-cv-00677California726 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HOWARD HERSHIPS, No. 2:24-cv-00677-DAD-CKD Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

CALIFORNIA SUPERIOR COURT, THIS ACTION

COUNTY OF YOLO IN CASE NUMBER

2023-0056, (Doc. No. 4) Defendant. 17 Plaintiff Howard Herships, proceeding pro se and in forma pauperis, initiated this civil action pursuant to 42 U.S.C. § 1983 on March 4, 2024. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 26, 2024, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s complaint be dismissed without leave to amend due to this court’s lack of subject matter jurisdiction. (Doc. No. 4 at 5.) In particular, the magistrate judge found that, regardless of the current procedural posture of plaintiff’s underlying state court action, this court lacks…

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