Finch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GABRIEL GIGENA, 2:23-cv-01234 DAD CKD (PS) Plaintiff, v. ORDER AND RICK FINCH, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff’s pro se complaint filed on June 27, 2023, is before the court for screening. (ECF No. 1.)1 Plaintiff seeks to proceed in forma pauperis. (ECF No. 2.) Plaintiff’s application makes the showing required by 28 U.S.C. § 1915, and the motion to proceed in forma pauperis is granted. Upon screening the complaint, however, it is clear that the court lacks subject matter jurisdiction over plaintiff’s state law claim of conversion. Because amending on the facts and legal theory presented would be futile, the complaint should be dismissed without leave to amend. I. Background Plaintiff, Gabriel Gigena, alleges defendant, Rick Finch, committed “the unlawful act of Conversion over American Indian Property[.]” (ECF No. 1 at 2.) Specifically, defendant Finch 27 1…