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WALLACE v. U.S. GOVERNMENT

United States District Court, N.D. California


June 4, 2004.

JOHN W. WALLACE, Plaintiff,
v.
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 29, 2004, plaintiff John William Wallace filed papers with the Court together with an application to proceed in forma pauperis.

The papers consisted 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," and "acceptance of award" 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 Benton County, Washington State. 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 March 30, 2004, the Court issued an order dismissing the action with leave to amend, denying the in forma pauperis application and giving Mr. Wallace until April 30 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 with prejudice.

  On June 1, 2004, Mr. Wallace filed an amended pleading that fails to cure the deficiencies of his original complaint. The Court notes, moreover, that if plaintiff should choose to file a future action concerning the specific real estate described in his court papers, the most likely venue for an action concerning real estate located in Washington State is a court in Washington State.

  This action is dismissed with prejudice. The Clerk is directed to close the file.

 

IT IS SO ORDERED.
20040604

© 1992-2004 VersusLaw Inc.



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