Bivens
Bivens v. Rudolph (Bivens)
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GINESHA BIVENS, No. 1:21-cv-1152 DAD-SAB Plaintiff, v. ORDER SUA SPONTE DISMISSING ACTION
FOR LACK OF SUBJECT MATTER
LINDA RUDOLPH (BIVENS), JURISDICTION Defendant. 16 On August 2, 2021, the court issued an order requiring plaintiff to show cause in writing within seven days of the date of service as to why this action should not be dismissed due to lack of subject matter jurisdiction. (Doc. No. 5.) In that order to show cause, the court noted that plaintiff asserts in her complaint that this court has subject matter jurisdiction based on a federal question pursuant to 28 U.S.C. § 1331, but plaintiff’s subject matter jurisdiction allegations appeared to be facially deficient because no federal statute was cited or otherwise invoked. (See, e.g., Doc. No. 1-1.) A copy of the court’s order was served by mail on plaintiff at her address of record. To date, no response to the order has been filed by plaintiff, and the…