Sinclair

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL R. SPENCER, No. 2:20-cv-01266 TLN AC Plaintiff, v. ORDER and FINDINGS AND

RECOMMENDATIONS

ROBERT F. SINCLAIR, et al., Defendants. 16 Plaintiff is proceeding pro se, and the case was accordingly referred to the Magistrate Judge pursuant to Local Rule 302(c)(21). ECF No. 1. Before the court are four fully briefed motions to dismiss from separate defendants (ECF Nos. 6, 9, 11, 13); a fifth such motion has recently been filed (ECF No. 25). Upon review of the motions, the original complaint (ECF No. 1) and the first amended complaint (ECF No. 16), the undersigned finds that this court lacks subject matter jurisdiction and cannot hear this case. The lack of subject matter jurisdiction is clear from the face of plaintiff’s pleadings and could be determined sua sponte. Because the motions at ECF Nos. 6, 9 and 13 plainly identify the jurisdictional defect, the undersigned will recommend those motions be GRANTED and that…