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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 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 action.

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 granted.

  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 file.

 

IT IS SO ORDERED.
20040604

© 1992-2004 VersusLaw Inc.



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