United States District Court, N.D. California
June 4, 2004.
JOHN W. WALLACE, Plaintiff,
U.S. GOVERNMENT, Defendant.
The opinion of the court was delivered by: FERN SMITH, District Judge
ORDER DISMISSING ACTION (FED. R. CIV. P. 12(b)(6))
On March 26, 2004, plaintiff John William Wallace filed papers
with this Court and paid the filing fee for a civil action. The
papers consist of: a caption designating Mr. Wallace as plaintiff
and the United States Government as defendant; several other
handwritten pages with headings such as "separate certificate,"
"discovery," with the plaintiff's name and address appearing in
printed handwriting and in cursive; a "written statement"
consisting of a handwritten description of a real estate parcel
in San Francisco; and a photocopy of a grant deed. The filing was
subject to dismissal under Rule 12(b)(6) of the Federal Rules of
Civil Procedure for failure to state a claim for which relief
could be granted.
On April 1, 2004, the Court issued an Order to Show Cause
giving Mr. Wallace thirty (30) days within which to file an
amended complaint meeting the requirements of Rule 8 of the
Federal Rules of Civil Procedure and advising him that if he
failed to amend his complaint to state a cognizable claim within
the time limit specified in this Order, his action would be
dismissed. On May 19, 2004, Mr. Wallace filed an amended pleading that
fails to cure the deficiencies of his original complaint. This
action is therefore dismissed. The Clerk is directed to close the
IT IS SO ORDERED.
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