MacEwen v. Inslee

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA DREW MACEWEN, et al., CASE NO. C20-5423 BHS Plaintiffs, ORDER DISMISSING 9 v. COMPLAINT WITHOUT PREJUDICE FOR LACK OF JAY INSLEE, in his official capacity as JURISDICTION the Governor of Washington, Defendant.

This matter comes before the Court on the order to show cause. Dkt. 43.

On July 24, 2020, the Court sua sponte questioned its jurisdiction to hear Plaintiffs’ claims and ordered any party to show cause why the Court should not dismiss the complaint without prejudice for lack of jurisdiction. Id. The Court set July 31, 2020 as the deadline for any response. Id. As of today’s date, no party has responded or shown adequate cause. Therefore, the Court sua sponte dismisses Plaintiffs’ complaint without prejudice for lack of jurisdiction. In re Jackson, 184 F.3d 1046, 1048 (9th Cir. 1999) (“Eleventh Amendment sovereign immunity limits the jurisdiction of the federal courts and can be raised by a party at any time during judicial proceedings or by the court sua sponte.”).

3 The Clerk shall enter judgment and close this case.

4 IT IS SO ORDERED.

5 Dated this 10th day of August, 2020.

A BENJAMIN H. SETTLE United States District Judge