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 29, 2004, plaintiff John William Wallace filed papers
with the Court together with an application to proceed in forma
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
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
This action is dismissed with prejudice. The Clerk is directed
to close the file.
IT IS SO ORDERED.
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