(PS) Hawk v. Flix North America, Inc

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN HAWK, No. 2:23–cv–00049–KJM CKD PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS FOR LACK OF

v. SUBJECT MATTER JURISDICTION FLIX NORTH AMERICA, INC., et al., Defendants. 16 Plaintiff, who is proceeding without counsel in this action, requests leave to proceed in forma pauperis (“IFP”). (ECF No. 2.) See 28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or security” by a person who is unable to pay such fees). The court finds that it lacks federal subject matter jurisdiction over the action. See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004) (noting the federal court’s independent duty to ensure it has subject matter jurisdiction in the case). Accordingly, the court recommends that the action be dismissed without prejudice, and that plaintiff’s application to proceed in forma pauperis in this court be denied as moot. 25 …