(PC) Card v. Sacramento County Probation Dept.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CHRISTOPHER LEE CARD, No. 2:24-cv-02250-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY PROBATION DEPARTMENT, et al.

Defendants.

Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. The complaint asserts solely a claim for defamation. ECF No. 1 at 24. To bring suit in federal court, the complaint must present a basis for federal jurisdiction. As all defendants named in the complaint are located in California, federal jurisdiction based on diversity of citizenship is absent. 28 U.S.C. § 1332. As plaintiff asserts solely a state-law claim (defamation), federal question jurisdiction is also absent. 28 U.S.C. § 1331; Caterpillar, Inc. v. 23 Williams, 482 U.S. 386, 392 (1987); Ellerbe v. Becca’s Restaurant & Sports Lounge, No. 2:24- cv-00555-JAD-DJA, 2024 WL 3570958, at *5 (D. Nev. July 26, 2024). As the court is without subject-matter jurisdiction, the case must be dismissed.

Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to this action. It is further RECOMMENDED that the case be dismissed without leave to amend | and without prejudice for lack of jurisdiction, and that the Clerk of Court be directed to || administratively terminate all pending motions.

3 These findings and recommendations are submitted to the United States District Judge | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days || after being served with these findings and recommendations, any party may file written || objections with the court and serve a copy on all parties. Such a document should be captioned || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections | within the specified time may waive the right to appeal the District Court’s order. Turner v. | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991).

11 | Dated: May 29, 2025 bid 12 UNITED STATES MAGISTRATE JUDGE