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 23, 2004, plaintiff John William Wallace filed papers
with the Court together with an application to proceed in forma
pauperis. The next day, he paid the filing fee for a civil
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 San Francisco; and a
photocopy of a short form deed of trust pertaining to 829-831
Ashbury Street in San Francisco. 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
On April 13, 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 17, 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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