1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER LEE CARD, No. 2:24-cv-02250-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 SACRAMENTO COUNTY PROBATION DEPARTMENT, et al. 15 Defendants. 16

17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. The complaint asserts solely a claim for defamation. ECF No. 1 at 24. To bring 19 suit in federal court, the complaint must present a basis for federal jurisdiction. As all defendants 20 named in the complaint are located in California, federal jurisdiction based on diversity of 21 citizenship is absent. 28 U.S.C. § 1332. As plaintiff asserts solely a state-law claim 22 (defamation), federal question jurisdiction is also absent. 28 U.S.C. § 1331; Caterpillar, Inc. v. 23 Williams, 482 U.S. 386, 392 (1987); Ellerbe v. Becca’s Restaurant & Sports Lounge, No. 2:24- 24 cv-00555-JAD-DJA, 2024 WL 3570958, at *5 (D. Nev. July 26, 2024). As the court is without 25 subject-matter jurisdiction, the case must be dismissed. 26 Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to 27 this action. It is further RECOMMENDED that the case be dismissed without leave to amend 28 1 | and without prejudice for lack of jurisdiction, and that the Clerk of Court be directed to 2 || administratively terminate all pending motions. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 | within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 10 11 | Dated: May 29, 2025 bid 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28