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Cameron Jon Craven v. Department of Revenue Collection

November 18, 2011

CAMERON JON CRAVEN
v.
DEPARTMENT OF REVENUE COLLECTION, ET AL.



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

JS-6

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER ACTION FOR LACK OF SUBJECT MATTER JURISDICTION

On August 16, 2011, Petitioner Cameron Jon Craven ("Petitioner") filed a Petition for Writ of Mandamus ("Petition") against the Department of Revenue Collection and the County of Sacramento.

Plaintiff has not adequately alleged the facts essential for the subject matter jurisdiction of Tosco Corp. v. Communities for a Better Environment, 236 F.3d 495, 499 (9th Cir. 2001) (quoting Smith v. McCullough, 270 U.S. 456, 459 (1926)) ("'A plaintiff suing in a federal court must show in his pleading, affirmatively and distinctly, the existence of whatever is essential to federal jurisdiction . . . .'").

In his Petition and Statement of Jurisdiction, Petitioner alleges that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1651, the All Writs Act. However, the All Writs Act does not confer jurisdiction on the federal courts. Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002). In his Statement of Jurisdiction, Petitioner alleges that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 3231. However, no such statute exists. Petitioner also alleges in his Statement of Jurisdiction that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1291. However, that statute vests the court of appeals with ...


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