Opinion
No. C11-1234RSL
08-31-2011
JERI F. MASON, Plaintiff, v. FIRST AMERICAN TITLE CO., et al., Defendants.
ORDER TO SHOW CAUSE
This matter comes before the Court sua sponte. On July 27, 2011, plaintiff Jeri Mason filed a Complaint against First American Title Co. and Ronda Taylor. Dkt. #4.
Based on a review of the Complaint, this Court lacks jurisdiction because plaintiff does not state a federal claim, nor does she allege facts that would give rise to diversity jurisdiction. See 28 U.S.C. §§ 1331, 1332. On August 29, 2011, plaintiff filed a "Notice of Removal" of a state court action in which Ms. Mason is named as the defendant. Dkt. #6. However, the state court action is a complaint against Ms. Mason and her husband for "collection of and judicial foreclosure for unpaid assessments." Dkt. #7 at 11. The state court action does not allege a federal claim or a claim based on diversity jurisdiction. If a federal court determines it lacks subject matter jurisdiction at any time during a dispute, the court must dismiss the action. Fed R. Civ. P. 12(h)(3).
Plaintiff is hereby ORDERED to show cause why this case should not be dismissed for lack of jurisdiction. Plaintiff shall respond to this order to show cause within fourteen (14) days of this Order.
Robert S. Lasnik
United States District Judge