Smith v. George Brown Fitness

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CANDACE SMITH, Case No. 1:24-cv-01561 JLT SAB

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. THE ACTION WITHOUT PREJUDICE,

AND DIRECTING THE CLERK OF

GEORGE BROWN FITNESS, et al., COURT TO CLOSE THIS CASE

Defendants. (Doc. 5)

16 Candace Smith seeks to hold the defendants liable for racial profiling, sexual harassment, and for an injury suffered while using a jacuzzi sauna. (See generally Doc. 1.) Because Plaintiff is proceeding in forma pauperis, the assigned magistrate judge screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2). (Doc. 5.) The magistrate judge found the Court lacks diversity jurisdiction, because all identified defendants are citizens of California. (Id. at 4.) In addition, the magistrate judge determined the Court lacks subject matter jurisdiction, because “Plaintiff fails to specify a federal statute or constitutional doctrine that gives rise to her…