Parker v. Ghidotti

Opinion

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Sep 18, 2025 3 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 KEVIN WILIAM PARKER, NO. 2:25-CV-0263-TOR 8 Plaintiff, ORDER OF DISMISSAL 9 v.

10 MICHELLE GHIDOTTI, et al.

11 Defendants. 12 BEFORE THE COURT is Plaintiff’s Response to Order to Show Cause. 13 ECF No. 13. The Court has reviewed the record and files herein and is fully 14 informed. 15 Plaintiff, proceeding pro se, fails to articulate that this Court has jurisdiction 16 over his claims. 17 Federal courts are limited in jurisdiction. Kokkonen v. Guardian Life Ins. Co. 18 of Am., 511 U.S. 375, 377 (1994). In order for a district court to retain a case and 19 conduct rulings on the merits, it must have subject matter jurisdiction, either via a 20 federal question presented, 28 U.S.C. § 1331, or via diversity jurisdiction whereby no defendant and plaintiff share citizenship of the same state and the amount in 2|| controversy exceeds $75,000, 28 U.S.C. § 1332. “[A] court may raise the question 3|| of subject-matter jurisdiction, sua sponte, at any time during the pendency of the action.” Snell v. Cleveland, Inc., 316 F.3d 822, 926 (9th Cir. 2002). Subject matter 5|| jurisdiction may never be waived. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 6|| (2006). A federal court must dismiss a pending action if the court determines at 7\| any time that it lacks subject-matter jurisdiction. Fed. R. Civ. P. 12(h)(3). 8 In reviewing Plaintiff's Complaint and construing its contents liberally, the 9|| Court is not convinced it has subject matter jurisdiction over the present action. 10|| Capp v. Cnty. of San Diego, 940 F.3d 1046, 1052 (9th Cir. 2019) (discussing the 11]| pro se pleading standard in the context of consideration under a motion to dismiss). 12|} ACCORDINGLY, IT IS HEREBY ORDERED: 13 1. This action is DISMISSED without prejudice. 14 2. All pending motions are DENIED. 15 The District Court Executive is directed to enter this Order and furnish a copy to Plaintiff. 17 DATED September 18, 2025.

gp aes fino 0. Cee 19 On Xe THOMAS O. RICE <> United States District Judge 20