(PC) Spearman v. Harris

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

Reginald E. Spearman, No. 2:21-cev-01215-KJM-KJN Plaintiff, ORDER v.

Deborah A. Harris, et al.,

1S Defendants.

Plaintiff Reginald Spearman is detained and is proceeding without counsel in this matter, which was referred to the assigned Magistrate Judge under this District’s Local Rules and 28 U.S.C. § 636(b)(1). The magistrate judge recommends dismissing the action under the screening procedures of 28 U.S.C. § 1915A. ECF No. 7. Mr. Spearman objects, ECF No. 9, and the court has reviewed the file de novo, see 28 U.S.C. § 636(b)(1)(C).

This court must ensure it has jurisdiction before considering any person’s claims. United States v. Hays, 515 U.S. 737, 742 (1995). Although Mr. Spearman refers briefly to “civil rights,” See Compl. at 2, ECF No. 1, he asserts no claims arising under federal law and does not allege he was deprived of constitutional rights, see 28 U.S.C. § 1331; 42 U.S.C. § 1983. Nor can the court infer from his allegations that the parties are diverse. See 28 U.S.C. § 1332. This court lacks jurisdiction, even if not for the reasons set forth in the findings and recommendations.

The action is dismissed without prejudice. This order resolves ECF No. 7 and closes the case.

IT IS SO ORDERED.

DATED: December 13, 2021. [\ (] ( ti / { q_/

CHIEF NT] ED STATES DISTRICT JUDGE