(PS) Miner v. US Department of Housing

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MADIHA MINER No. 2:19-cv-1623-MCE-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS

AND ORDER

v. US DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT,

15 Defendant. 16 Plaintiff Madiha Miner, proceeding without counsel, commenced this action, filed an amended complaint, and requested leave to proceed in forma pauperis. (ECF Nos. 1, 2, 6.) A federal court has an independent duty to assess whether federal subject matter jurisdiction exists, whether or not the parties raise the issue. See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F. 3d 960, 967 (9th Cir. 2004) (stating that “the district court had a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not”); accord Rains v. Criterion Sys., Inc., 80 F. 3d 339, 342 (9th Cir. 1996). The court must sua sponte dismiss the case if, at any time, it determines that it lacks subject matter jurisdiction. Fed. R. Civ. P.…