McFarland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALLEN MCFARLAND, Case No. 22-cv-07054-JD

Plaintiff,

ORDER DISMISSING CASE

v.

GUS FULDWER, et al., Defendants.

This action was filed by pro se plaintiff Allen McFarland against Uber Technologies Inc. and its Vice President, Gus Fuldwer. McFarland indicated that his case “belongs in federal court” under “federal question jurisdiction,” though the gravamen of his complaint had to do with Uber’s alleged failure to pay waiting time penalties as ordered by the California Labor Commissioner. Dkt. No. 1. Pursuant to 28 U.S.C. § 1915(e)(2), a magistrate judge issued a screening order and dismissed McFarland’s in forma pauperis complaint for lack of federal subject matter jurisdiction. Dkt. No. 4. The magistrate judge noted that McFarland had not “state[d] a claim that establishes federal question jurisdiction,” and diversity jurisdiction was also unavailable, as there was an apparent lack of complete diversity between the parties and McFarland had not pleaded an…