Novoa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CANDACE SMITH, ) Case No.: 1:24-cv-0199 JLT SKO ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE DANNETTE NOVOA, ) THE CASE ) Defendants. ) (Doc. 7) )

Candace Smith seeks to hold Dannette Novoa liable for “attempted vehicular manslaughter” under the California Penal Code. (See Doc. 1 at 5.) Because Plaintiff is proceeding in forma pauperis, the magistrate judge screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2). (Doc. 7.) The magistrate judge noted Plaintiff’s sole claim is under state law, and “[s]uch criminal claims may not be pursued in a civil lawsuit.” (Doc. 7 at 5, quoting Grimes v. A1-Auto Care, 2022 WL 959273, at *3 (S.D. Cal. Mar. 30, 2022).) In addition, the magistrate judge found there is not complete diversity between the parties, because “Plaintiff…