(PS) Tevis v. State of California Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY TEVIS, et al., No. 2:23-cv-02054 TLN CKD (PS) Plaintiffs, v. ORDER & FINDINGS AND

RECOMMENDATIONS DISMISSING FOR

STATE OF CALIFORNIA SUPERIOR LACK OF SUBJECT MATTER COURT, et al., JURISDICTION 15 Defendants. 16 Plaintiffs, who are proceeding without counsel in this action, request leave to proceed in forma pauperis (“IFP”). (ECF Nos. 2 & 3.) 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 plaintiffs’ applications to proceed in forma pauperis in…