(PS) Boiteau v. People of the State of CA
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD MARC BOITEAU, Case No. 2:23-cv-0146-TLN-JDP (PS) Plaintiff, v. ORDER TO SHOW CAUSE PEOPLE OF THE STATE OF
CALIFORNIA,
15 Defendant. 16 This case was opened when plaintiff Richard March Boiteau filed an interpleader’s notice of removal, which appears to challenge a state court order finding him incompetent. Plaintiff has not properly removed a state action to this court, and I therefore construe his notice as a complaint. So construed, I find that the complaint fails to establish a basis for the court’s subject matter jurisdiction. A district court has an independent duty to ascertain its jurisdiction. See 28 U.S.C. § 1447(c). The basic federal jurisdiction statutes, 28 U.S.C. §§ 1331 & 1332, confer “federal question” and “diversity” jurisdiction, respectively. Federal question jurisdiction requires that the complaint (1) arise under a federal law or the U. S. Constitution, (2) allege a “case or controversy” within the…