Davis

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 CHARLES L. DAVIS, Case No. 1:19-cv-01299-DAD-EPG Plaintiff, ORDER TO SHOW CAUSE RE:

SUBJECT MATTER JURISDICTION

v. (ECF NO. 1) 13 JERRY DOE, et al., 30 day deadline 14 Defendants. 15 Plaintiff, Charles Davis (“Plaintiff”), is proceeding pro se and in forma pauperis in this 16 action filed September 16, 2019. Plaintiff’s complaint asserts constitutional claims against the 17 Kings Gospel Mission and a lead staff member there. Because these appear to be private entities, 18 not subject to the Constitution or section 1983, it appears that the Court lacks subject matter 19 jurisdiction over this action. 20 The Court will therefore require Plaintiff to show cause why this action should not be 21 dismissed based on lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (“If the court 22 determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); Snell v. Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002) (“[A] court may raise the question of subject matter jurisdiction, sua…