(PC) Spearman v. Harris ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Reginald E. Spearman, No. 2:21-cev-01215-KJM-KJN 12 Plaintiff, ORDER 13 v. 14 Deborah A. Harris, et al., 1S Defendants. 16 17 Plaintiff Reginald Spearman is detained and is proceeding without counsel in this matter, 18 | which was referred to the assigned Magistrate Judge under this District’s Local Rules and 28 19 | U.S.C. § 636(b)(1). The magistrate judge recommends dismissing the action under the screening 20 | procedures of 28 U.S.C. § 1915A. ECF No. 7. Mr. Spearman objects, ECF No. 9, and the court 21 | has reviewed the file de novo, see 28 U.S.C. § 636(b)(1)(C). 22 This court must ensure it has jurisdiction before considering any person’s claims. United 23 | States v. Hays, 515 U.S. 737, 742 (1995). Although Mr. Spearman refers briefly to “civil rights,” 24 | See Compl. at 2, ECF No. 1, he asserts no claims arising under federal law and does not allege he 25 | was deprived of constitutional rights, see 28 U.S.C. § 1331; 42 U.S.C. § 1983. Nor can the court 26 | infer from his allegations that the parties are diverse. See 28 U.S.C. § 1332. This court lacks 27 | jurisdiction, even if not for the reasons set forth in the findings and recommendations. 1 The action is dismissed without prejudice. This order resolves ECF No. 7 and closes 2 | the case. 3 IT IS SO ORDERED. 4 DATED: December 13, 2021. [\ (] 5 ( ti / { q_/ CHIEF NT] ED STATES DISTRICT JUDGE