Zaman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WESLEY ELVIS PEDEN, No. 2:23-cv-02165-KJM-KJN (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

v.

TARIQ ZAMAN, ET AL., Defendant. 16 Plaintiff, 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). However, because the undersigned finds that the court lacks subject matter jurisdiction over this action, the undersigned 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. 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). //// //// 27 1 Actions where a party proceeds without counsel are…