Opinion
CV 20-972-CBM-ADS(x)
02-09-2022
Weiss v. Pei-Lin et al.
THE HONORABLE CONSUELO B. MARSHALL, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: IN CHAMBERS- ORDER TO SHOW CAUSE RE: LACK OF JURISDICTION AND FAILURE TO STATE A CLAIM
Plaintiff asserts two claims for violation of the Fifth Amendment Takings Clause and Fourteenth Amendment Due Process clause against Defendants Peggy Pei-Lin and Yi-Ming Su.
Plaintiff is ORDERED TO SHOW CAUSE in writing no later than March 11.2022. why this action should not be dismissed for lack of jurisdiction and failure to state a claim. See George v. Pac-CSC Work Furlough, 91 F.3d 1227, 1229 (9th Cir. 1996) ("Individuals bringing actions against private parties for infringement of their constitutional rights, therefore, must show that the private parties' infringement somehow constitutes state action."); Lugar v. Edmondson Oil Co., 457 U.S. 922, 923-24 (1982) ("Because the [Fourteenth] Amendment is directed at the States, it can be violated only by conduct that may be fairly characterized as 'state action.'"); Lee v. City of Los Angeles, 250 F.3d 668, 687 (9th Cir. 2001) (noting the Fifth Amendment "appl[ies] only to actions of the federal government" and finding the plaintiffs failed to state a claim for violation of the Fifth Amendment because the plaintiffs "do not allege any of the defendants are federal actors").
IT IS SO ORDERED.