Wise v. California Department of Social Services

1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Nov 07, 2024 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 JOSH WISE, NO. 2:24-CV-0362-TOR 8 Plaintiff, ORDER OF DISMISSAL FOR LACK 9 v. OF JURISDICTION 10 CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, 11 Defendant. 12 13 BEFORE THE COURT is Plaintiff’s Complaint against the California 14 Department of Social Services. ECF No. 1. 15 This Court, sitting in the Eastern District of Washington, does not have 16 jurisdiction over a State of California agency. 17 Under Federal Rule of Civil Procedure 12(b)(2), “the plaintiff bears the 18 burden of establishing that jurisdiction is proper.” Mavrix Photo, Inc. v. Brand 19 Tech., Inc., 647 F.3d 1218, 1223 (9th Cir. 2011) (citation omitted). Plaintiff has 20 failed to do so, and any attempt would be futile. 1 Under the Due Process Clause, a court may exercise personal jurisdiction over a defendant only where “the defendant has certain minimum contacts with the 3|| forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” Picot v. Weston, 780 F.3d 1206, 1211 (9th Cir. 5|| 2015) (quoting /nt’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)) (internal 6|| quotation marks and brackets omitted). 7 Here, an agency of the State of California does not have contacts with the 8 || State of Washington. Therefore, this Court does not have jurisdiction over it. 9 For these reasons, this Court does not have jurisdiction over the California 10|| Department of Social Services. 11}} ACCORDINGLY, IT IS HEREBY ORDERED: 12 1. Plaintiff's Complaint is DISMISSED for lack of jurisdiction. 13 2. Plaintiffs pending motions are DENIED as moot. ECF Nos. 4, 7, and 8. 14 The District Court Executive is directed to enter this Order, furnish a copy to 15|| Plaintiff and CLOSE the file. 16 DATED November 7, 2024. ae Mea Of ee 18 ne Xe THOMAS O. RICE <> United States District Judge 19 20