(PS) Boiteau v. People of the State of CA

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD MARC BOITEAU, Case No. 2:23-cv-0146-TLN-JDP (PS) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 PEOPLE OF THE STATE OF

CALIFORNIA,

15 Defendant. 16 17 This case was opened when plaintiff Richard March Boiteau filed an interpleader’s notice 18 of removal, which appears to challenge a state court order finding him incompetent. Plaintiff has 19 not properly removed a state action to this court, and I therefore construe his notice as a 20 complaint. So construed, I find that the complaint fails to establish a basis for the court’s subject 21 matter jurisdiction. 22 A district court has an independent duty to ascertain its jurisdiction. See 28 U.S.C. 23 § 1447(c). The basic federal jurisdiction statutes, 28 U.S.C. §§ 1331 & 1332, confer “federal 24 question” and “diversity” jurisdiction, respectively. Federal question jurisdiction requires that the 25 complaint (1) arise under a federal law or the U. S. Constitution, (2) allege a “case or 26 controversy” within the…