ORDER TO SHOW CAUSE
DEBORAH BARNES, Magistrate Judge.
Plaintiff, Leon Allen, is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the court is plaintiff's complaint and motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1 & 2.) Therein, plaintiff complains about an "interest in the real property which is the subject matter of this action . . . 3801 Florin Rd., Sacramento, CA, 95823." (Compl. (ECF No. 1) at 4.)
The court is required to screen complaints brought by parties proceeding in forma pauperis.
Lack of subject matter jurisdiction may be raised by the court at any time during the proceedings.
The basic federal jurisdiction statutes are 28 U.S.C. §§ 1331 and 1332, which confer "federal question" and "diversity" jurisdiction, respectively. Federal jurisdiction may also be conferred by federal statutes regulating specific subject matter. "[T]he existence of federal jurisdiction depends solely on the plaintiff's claims for relief and not on anticipated defenses to those claims."
District courts have diversity jurisdiction only over "all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs," and the action is between: "(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state . . . as plaintiff and citizens of a State or of different States." 28 U.S.C. § 1332. "To demonstrate citizenship for diversity purposes a party must (a) be a citizen of the United States, and (b) be domiciled in a state of the United States."
Here, it appears that plaintiff's complaint concerns only state law matters concerning real property, and that all parties involved are citizens of California. In this regard, it appears that neither "federal question" nor "diversity" jurisdiction is present in this action.
Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this order plaintiff shall show cause in writing as to why this action should not be dismissed without prejudice due to a lack of subject matter jurisdiction.