Worthy v. Library of Congress Copyright Office

Filing 8

Proposed Order re 10 MOTION to Dismiss Federal Defendant's Motion to Dismiss Proposed Dismissal Order by Library of Congress Copyright Office. (Swanson, Joann) (Filed on 11/16/2007) Modified on 11/19/2007 (mcl, COURT STAFF).

Worthy v. Library of Congress Copyright Office

Doc. 8

Case 3:07-cv-05736-CRB

Document 8

Filed 11/16/2007

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LONNEL B. WORTHY ) ) Plaintiff, ) ) v. ) ) LIBRARY OF CONGRESS COPYRIGHT ) OFFICE, ) ) ) ) Defendant. ) ) No. C 07-5736 CRB

[PROPOSED] DISMISSAL ORDER

The federal defendant, not having been properly served and appearing specially, has moved to dismiss this action pursuant to FRCP 12(b)(1) for lack of subject matter jurisdiction and pursuant to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. This matter having come before the Court on the federal defendant's motion to dismiss, and good cause appearing, the court finds that plaintiff has not alleged a waiver of sovereign immunity that would allow him to sue the federal government. The court further finds that plaintiff has failed to allege any facts showing that he is or could be entitled to relief. The court therefore grants the federal defendant's motion to dismiss pursuant to FRCP 12(b)(1) and FRCP 12(b)(6). This dismissal is without prejudice to allow plaintiff to file and //
(Proposed) Dismissal Order C 07-5736 CRB

Dockets.Justia.com

Case 3:07-cv-05736-CRB

Document 8

Filed 11/16/2007

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serve an amended complaint within 30 days of this order. IT IS SO ORDERED.

DATED:

________________________________ CHARLES R. BREYER United States District Judge

(Proposed) Dismissal Order C 07-5736 CRB

Case 3:07-cv-05736-CRB

Document 8

Filed 11/16/2007

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CERTIFICATE OF SERVICE Worthy v. Library of Congress Copyright Office C 07-5736 CRB The undersigned hereby certifies that she is an employee of the Office of the United States

4 Attorney for the Northern District of California and is a person of such age and discretion to be 5 competent to serve papers. The undersigned further certifies that she is causing a copy of the 6 following: 7 Proposed Dismissal Order 8 to be served this date upon the party in this action by placing a true copy thereof in a sealed 9 envelope, and served as follows: 10 X 11 12 13 PERSONAL SERVICE (BY MESSENGER) 14 ____ 15 ____ 16 ____ 17 to the party(ies) addressed as follows: 18 19 20 21 I declare under penalty of perjury under the laws of the United States that the foregoing is 22 true and correct. 23 Executed this November 16, 2007 at San Francisco, California. 24 25 26 27 28
(Proposed) Dismissal Order C 07-5736 CRB

FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. CERTIFIED MAIL (# ) by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice.

FEDERAL EXPRESS via Priority Overnight EMAIL FACSIMILE (FAX)

Lonnell B. Worthy, Pro Se 7401 Arthur Street Oakland, CA 94605 PH: 415.410.6659 FX: 510.430.8952 Email:

____/s/____________________________ LILY HO-VUONG Legal Assistant