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Perry v. Walker

United States District Court, N.D. California
Mar 18, 2008
No. C 08-00787 CRB (N.D. Cal. Mar. 18, 2008)

Opinion

No. C 08-00787 CRB.

March 18, 2008


ORDER


This Court is a court of limited jurisdiction, and as such has discretion to dismiss a complaint sua sponte when no basis for federal jurisdiction appears on the face of the complaint or when it becomes apparent during the course of proceedings that the court lacks jurisdiction. See S. Pac. Trans. Co. v. City of Los Angeles, 922 F.2d 498, 502 (9th Cir. 1990); Fed.R.Civ.P. 12(h)(3).

Plaintiff's complaint alleges that his neighbor is responsible for property damage caused by flooding. The Court cannot identify a federal question presented by the complaint, nor does there appear to be diversity jurisdiction. See 28 U.S.C. §§ 1331, 1332. Accordingly, Plaintiff's complaint is DISMISSED. Plaintiff's outstanding motions are DENIED AS MOOT.

IT IS SO ORDERED.


Summaries of

Perry v. Walker

United States District Court, N.D. California
Mar 18, 2008
No. C 08-00787 CRB (N.D. Cal. Mar. 18, 2008)
Case details for

Perry v. Walker

Case Details

Full title:EDGAR PERRY, Plaintiff, v. STEPHANIE WALKER, Defendant

Court:United States District Court, N.D. California

Date published: Mar 18, 2008

Citations

No. C 08-00787 CRB (N.D. Cal. Mar. 18, 2008)